42 Mill End Road, High Wycombe, Buckinghamshire, HP12 4JN

without planning permission a material change of use to a mixed use, comprising residential (C3) and takeaway (Sui Generis)

Authority: Buckinghamshire Council - Wycombe Area *
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: retail · Change of use
Inspector: Howell M

Main issues, as the Inspector framed them

Whether the material change of use to a mixed use comprising residential (C3) and takeaway (Sui Generis) constitutes a breach of planning control
Whether the period specified in the enforcement notice for compliance is reasonable

What decided it

The outbuilding contained specialised commercial dessert-making equipment and food storage inconsistent with domestic use, demonstrating a primary takeaway use rather than ancillary to the residential dwelling, thereby constituting a material change of use requiring planning permission.

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