Town Planner Pro
Search appeal decisions

Planning appeal decision

Quashed On Legal Grounds10 February 20233291544

Red Furlong Farm, Poundon, Bicester, OX27 9BG

Planning appeal 3291544 at Red Furlong Farm, Poundon, Bicester, OX27 9BG (Buckinghamshire Council - Aylesbury Area *) was decided (quashed on legal grounds) on 10 February 2023 by Inspector Pleasant L, following an inquiry. The main issue, as the Inspector framed it: Whether the Council's deemed refusal to grant a LDC for an existing use or development was well founded.

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

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
employment-industrial · Change of use
Inspector
Pleasant L
Postcode
OX27 9BG

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

What the Inspector cited

Development plan policies
Policy S1Policy S3Policy NE4
National Planning Policy Framework
Paragraph 203
Judgments
Crawley Borough Council V Hickmet Limited [1998] 75.P&CR 500

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

With an account

What an account adds to this decision

4 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Buckinghamshire Council - Aylesbury Area

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

  1. Notice upheld30 September 20263370104
    New Bengal Blue, 17-19 Walton Road, Aylesbury, Buckinghamshire, HP21 7SR
  2. Notice upheld18 September 20263354830
    Una's Newsagency, 5 Buckingham Street, Aylesbury, HP20 2LA
  3. Planning permission granted8 April 20263349243
    The Green Man, 32 Market Square, Aylesbury, HP20 1TW
  4. Planning permission granted8 April 20263349240
    The Green Man, 32 Market Square, Aylesbury, HP20 1TW
  5. Unknown8 April 20263349212
    The Green Man, 32 Market Square, Aylesbury, Buckinghamshire, HP20 1TW

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.