Planning appeal decision
Rosewood Farm , Watchet Lane , Great Missenden, Buckinghamshire, HP16 0DR
Planning appeal 3293635 at Rosewood Farm , Watchet Lane , Great Missenden, Buckinghamshire, HP16 0DR (Buckinghamshire Council - Chiltern Area *) was allowed on 9 March 2023 by Inspector King T, following a hearing. The main issue, as the Inspector framed it: Whether the dwelling constitutes inappropriate development within the Green Belt for the purposes of the National Planning Policy Framework.
Construction of a detached dwelling
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- residential · Minor Dwellings
- Inspector
- King T
- Postcode
- HP16 0DR
Main issues, as the Inspector framed them
- Whether the dwelling constitutes inappropriate development within the Green Belt for the purposes of the National Planning Policy Framework
- If it is inappropriate development, the effect on the Green Belt's openness
- Whether there is any other resultant harm, with particular regard to the effect on the surrounding landscape, with particular regard to the site's location within the Chilterns Area of Outstanding Natural Beauty (AONB)
- If it is inappropriate development, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development
What decided it
The personal circumstances of the appellant's partner, together with the mitigation offered in the Unilateral Undertaking to demolish two existing buildings, amounted to very special circumstances clearly outweighing the harm to the Green Belt.
The substantial weight attached to Green Belt harm (inappropriateness and openness) and the fact of intentional unauthorised development was outweighed by the substantial/significant weight given to personal circumstances and the mitigation secured through the Unilateral Undertaking, amounting to very special circumstances justifying the grant of permission.
What the Inspector cited
- Development plan policies
- Policy GB2Policy LSQ1Policy CS22Policy GC1Policy CS20Policy GB7
- National Planning Policy Framework
- Paragraph 147Paragraph 148Paragraph 149Paragraph 176
- Judgments
- R (Heath and Hampstead Society) v Camden LBC [2008] EWCA Civ 193; John Turner v Secretary of State for Communities and Local Government; Samuel Smith Old Brewery and others v North Yorkshire CC; Bayliss v SSCLG [2014] EWCA Civ 347; R (Morris) v Wealden DC [2014] EWHC 4081 (Admin)
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 appliedThe decision letter
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More decisions in Buckinghamshire Council - Chiltern Area
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- Unknown2 March 20263362050Land at National Society for Epilepsy, Chesham Lane, Chalfont St Peter, Buckinghamshire, HP8 4AD
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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