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Planning appeal decision

Notice varied and upheld2 December 20243297957

Willowbank Nurseries, Oxford Road, Denham, UB9 4DA

Planning appeal 3297957 at Willowbank Nurseries, Oxford Road, Denham, UB9 4DA (Buckinghamshire Council - South Bucks Area *) was allowed in part (a split decision) on 2 December 2024 by Inspector Brownless E, by written representations. The main issue, as the Inspector framed it: Whether the periods specified in the enforcement notice for compliance (three months and nine months) fall short of what should reasonably be allowed under section 174(2)(g) of the Town and Country Planning Act 1990.

‘without planning permission, a material change of use of the land and buildings to a mixed use (Sui Generis) (the “unauthorised mixed use”) comprising:

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
minerals-waste · Change of use
Inspector
Brownless E

Main issues, as the Inspector framed them

  • Whether the periods specified in the enforcement notice for compliance (three months and nine months) fall short of what should reasonably be allowed under section 174(2)(g) of the Town and Country Planning Act 1990

What decided it

The Inspector determined that twelve months was a reasonable and proportionate compliance period, balancing the appellants' circumstances and the financial hardship against the harm caused by the unauthorised development, and that this period would be sufficient to cease the uses and carry out the required works including gaining access to the site and dealing with tenant occupancy.

The decision letter

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More decisions in Buckinghamshire Council - South Bucks Area

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

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  2. Notice varied and upheld4 September 20263349251
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  4. Allowed1 September 20263354729
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  5. Notice varied and upheld26 August 20263376241
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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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