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Planning appeal decision

Quashed On Legal Grounds10 February 20233291544

Red Furlong Farm, Poundon, BICESTER, OX27 9BG

Without planning permission, the material change of use of the land to parking commercial vehicles with associated development comprising the laying of hard standing including (but not limited to) gravel, tarmac and stone

Authority
Buckinghamshire Council - Aylesbury Area *
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
employment-industrial · Change of use
Inspector
Pleasant L

Main issues, as the Inspector framed them

  • Whether the Council's deemed refusal to grant a LDC for an existing use or development was well founded.
  • Whether as a matter of fact the Land was in use for parking commercial vehicles.
  • Whether the development is acceptable in principle in this location, having regard to local and national planning policy.
  • The effect on the character and appearance of the area, including the effect on the historic landscape.
  • Whether hard standing was laid as a matter of fact.
  • The effect on the character and appearance of the countryside, including the historic landscape.

What decided it

The balance between the limited, non-substantial harm to the character of the countryside and the environmental/infrastructure benefits of a temporary holding pen supporting HS2 and East West Rail Link, combined with the established lawful prior use of the site, determined that the appeals should succeed.

the benefits of the development, including reuse of vacant brownfield land and support for the delivery of nationally important infrastructure, outweighed the limited, non-substantial harm to the character and appearance of the countryside and conflict with Policies S3 and NE4

Framework references: 203

Plan policies cited: Policy S1, Policy S3, Policy NE4

Judgments cited: Crawley Borough Council V Hickmet Limited [1998] 75.P&CR 500

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.