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Planning appeal decision

Dismissed19 July 20233295669

Victoria Road, Chesham, Buckinghamshire, HP5 3AF

erection of a three bedroom detached dwelling

Authority
Buckinghamshire Council - South Bucks Area *
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Miles H

Main issues, as the Inspector framed them

  • The effect of the proposed development on the character and appearance of the area
  • The effect of the proposed development on the Chiltern Beechwoods Special Area of Conservation
  • The effect of the proposed development on the living conditions of future occupiers and existing occupiers with particular regard to 12 and 14 Upper Gladstone Road
  • Highway Safety

What decided it

The proposal would have an adverse effect on the integrity of the Chiltern Beechwoods Special Area of Conservation without effective mitigation, which provides a clear reason for refusal that disapplies the presumption in favour of sustainable development under paragraph 182 of the Framework.

Although the Council cannot demonstrate a five-year housing land supply, the application of policies relating to habitats sites provides a clear reason for refusal, and the presumption in favour of sustainable development does not apply where a plan or project is likely to have a significant effect on a habitats site without an appropriate assessment concluding no adverse effect on integrity; the harm to the internationally important habitats site and the public and permanent harm to character and appearance outweigh any other considerations.

Framework references: 11, 180, 182

Plan policies cited: Policy GC1, Policy H3, Policy CS20, Policy H12, Policy GC3, Policy CS26, Policy TR2

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.