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Planning appeal decision

Notice upheld30 August 20233286199

Southend Cottage, Middle Green, Wexham, Bucks, SL3 6BS

Planning appeal 3286199 at Southend Cottage, Middle Green, Wexham, Bucks, SL3 6BS (Buckinghamshire Council - South Bucks Area *) was dismissed on 30 August 2023 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: Whether the notice properly and fairly informs the appellants what they have done wrong.

without planning permission, the material change of use of the land comprising the addition of the use for the stationing of storage containers and mobile structure fixed in an elevated position above some of the storage containers with metal girders and external platform and staircase (“the unauthorised use”) to the existing unauthorised mixed (sui generis) use for the storage of building products/materials, plant and equipment, motor vehicles and motor vehicle parts and associated residential use which is the subject of extant enforcement notice reference 18/100084/ENBEOP/EN/1/ issued on 29 June 2019

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Hartley D
Postcode
SL3 6BS

Main issues, as the Inspector framed them

  • Whether the notice properly and fairly informs the appellants what they have done wrong
  • Whether the matters comprising the alleged breach of planning control have occurred
  • Whether the matters alleged constitute a breach of planning control
  • Whether at the date the notice was issued enforcement action could be taken
  • Whether the steps required by the notice exceed what is necessary to remedy the breach
  • Whether the period specified in the notice falls short of what should reasonably be allowed

What decided it

The appellants failed to demonstrate that the storage containers and mobile structure were required temporarily in connection with construction operations being carried out on the land, given the substantial period of inactivity since demolition of the original dwelling and the appellants' stated lack of financial means to construct the approved replacement dwelling.

The decision letter

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More decisions in Buckinghamshire Council - South Bucks Area

The authority’s record since 2016 · every decision in 2023

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

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