Land Adjacent 2 New Meadow, Aylesbury, Buckinghamshire, HP21 7AN

Planning appeal 3291937 at Land Adjacent 2 New Meadow, Aylesbury, Buckinghamshire, HP21 7AN (Buckinghamshire Council - Aylesbury Area *) was allowed in part (a split decision) on 24 July 2023 by Inspector Moss J, by written representations. The main issue, as the Inspector framed it: Appeal A ground (e): whether copies of the enforcement notice were served as required by section 172 of the 1990 Act.

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
Postcode: HP21 7AN

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.

What the Inspector cited

Development plan policies: Policy BE2 (Design of New Development) of Vale of Aylesbury Local Plan 2013 – 2033 adopted September 2021
National Planning Policy Framework: Paragraph 130

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.

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The decision letter

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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.