®Planning appeal decision
Land Adjacent 2 New Meadow, AYLESBURY, Buckinghamshire, HP21 7AN
Without planning permission, the change of use of land from amenity land to residential land and the erection of a garage and creation of a hardstanding driveway. The requirements of the notice are: Step 1: Cease the use of the land for residential purposes. Step 2: Permanently remove (demolish) the garage structure (including foundations) and the driveway (including any base layers) from the Land and ensure all arising materials and debris are removed from the Land. Step 3: Topsoil the land level with the adjacent amenity land and spread grass seed. The period for compliance with the requirements is three months of the notice taking effect. The appeal is proceeding on the grounds set out in section 174(2)(b), (d) and (e) of the Town and Country Planning Act 1990 as amended. Summary
- Authority
- Buckinghamshire Council - Aylesbury Area *
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Moss J
Main issues, as the Inspector framed them
- Appeal A ground (e): whether copies of the enforcement notice were served as required by section 172 of the 1990 Act
- Appeal A ground (b): whether the erection of a garage has occurred
- Appeal A ground (d) and Appeal B: whether the material change of use of land to residential use incidental to the dwellinghouse had been continuous for ten years prior to the enforcement notice and LDC application respectively
- Appeal A ground (d): whether the hardstanding driveway had been substantially completed more than four years prior to the enforcement notice
- Appeal C: the effect of the development on the character and appearance of the surrounding area
What decided it
For Appeals A and B, the decisive factor was the credible and consistent evidence from statutory declarations establishing that the residential use incidental to the dwellinghouse had been continuous since 2006, exceeding the ten-year threshold for lawfulness. For Appeal C, the decisive factor was that the conversion of open amenity land to private residential garden use resulted in a significant encroachment that harmed the spacious character and pleasant appearance of the residential estate.
Framework references: 130
Plan policies cited: Policy BE2 (Design of New Development) of Vale of Aylesbury Local Plan 2013 – 2033 adopted September 2021
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.