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Notice upheld15 August 20233297822

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

Planning appeal 3297822 at 42 Mill End Road, High Wycombe, Buckinghamshire, HP12 4JN (Buckinghamshire Council - Wycombe Area *) was dismissed on 15 August 2023 by Inspector Howell M, by written representations. The main issue, as the Inspector framed it: Whether the material change of use to a mixed use comprising residential (C3) and takeaway (Sui Generis) constitutes a breach of planning control.

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

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
retail · Change of use
Inspector
Howell M
Postcode
HP12 4JN

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.

The decision letter

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More decisions in Buckinghamshire Council - Wycombe Area

The authority’s record since 2016 · every decision in 2023

  1. Notice upheld12 June 20263362995
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  3. Notice upheld19 May 20263366795
    165 Micklefield Road, High Wycombe, HP13 7HA
  4. Notice upheld19 May 20263364950
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  5. Notice upheld7 May 20263345375
    44 Shelley Road, High Wycombe, HP11 2UW

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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