Town Planner Pro
Search appeal decisions

Planning appeal decision

Notice varied and upheld28 February 20243293676

Trapps Meadow, Whelpley Hill, Chesham, HP5 3RL

Planning appeal 3293676 at Trapps Meadow, Whelpley Hill, Chesham, HP5 3RL (Buckinghamshire Council - Chiltern Area *) was allowed in part (a split decision) on 28 February 2024 by Inspector Hartley D, following an inquiry. The main issue, as the Inspector framed it: 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.

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”)

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
other · Change of use
Inspector
Hartley D
Postcode
HP5 3RL

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.

What the Inspector cited

Development plan policies
Policy GB2Policy GB16Policy CS19Policy TR16
National Planning Policy Framework
Paragraph 155Paragraph 186Paragraph 188

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

48 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 - Chiltern Area

The authority’s record since 2016 · every decision in 2024

  1. Notice upheld23 April 20263377177
    Land Adjacent Porch House, Village Road, Coleshill, Buckinghamshire
  2. Dismissed1 April 20263372329
    118 Chalfont Road, Seer Green, Beaconsfield, HP9 2QP
  3. Allowed26 March 20263375613
    71 Terryfield Road, High Wycombe, Buckingamshire, HP13 7RY
  4. Notice varied and upheld12 March 20263325136
    Fenton Civil Engineering Ltd, Rowan Tree Farm Blackwell Hall Lane, Ley Hill, Chesham, HP5 1UN
  5. Quashed On Legal Grounds9 March 20263341531
    Lodge Farm , 100 Lodge Lane, Chalfont St. Giles, HP8 4AH

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.