®Planning appeal decision
Trapps Meadow, Whelpley Hill, CHESHAM, HP5 3RL
without planning permission a material change of use of the land to a sui generis mixed use, comprising commercial and residential by virtue of the siting on the Land (currently in the approximate position shown cross-hatched on the Plan) of a mobile home for residential occupation and associated residential paraphernalia (“the Unauthorised Use”), and, operational development comprising the laying of hardstanding in the approximate position shown hatched on the Plan (“the Unauthorised Development”)
- Authority
- Buckinghamshire Council - Chiltern Area *
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- other · Change of use
- Inspector
- Hartley D
Main issues, as the Inspector framed them
- whether the breach of planning control is inappropriate development in the Green Belt including its effect on the openness and the purposes of the Green Belt
- the effect of the development on the integrity of the SAC
- if the development is inappropriate in the Green Belt, 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 development
What decided it
The Inspector could not conclude, as required by the Habitats Regulations, that the residential use would not adversely affect the integrity of the SAC, and this combined with Green Belt harm meant very special circumstances were not established.
The substantial harm to the Green Belt and the very significant adverse implications for the SAC's integrity were not clearly outweighed by the limited benefits of housing supply, economic support, children's best interests, parking/manoeuvring benefits and a limited fallback position, so very special circumstances did not exist and the appeals failed.
Framework references: 155, 186, 188
Plan policies cited: Policy GB2, Policy GB16, Policy CS19, Policy TR16
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.