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Planning appeal decision

Quashed On Legal Grounds26 July 20233301703

Land at 28 Border Lane, Buckingham, Buckinghamshire, MK18 7SE

Planning appeal 3301703 at Land at 28 Border Lane, Buckingham, Buckinghamshire, MK18 7SE (Buckinghamshire Council - Aylesbury Area *) was decided (quashed on legal grounds) on 26 July 2023 by Inspector Walker A, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice constitute a breach of planning control on the balance of probabilities.

without planning permission, the material change of use of the Land to residential facilitated through the erection of a 2.5m high closeboard fence and gate

Authority
Buckinghamshire Council - Aylesbury Area *
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Walker A
Postcode
MK18 7SE

Main issues, as the Inspector framed them

  • Whether the matters alleged in the enforcement notice constitute a breach of planning control on the balance of probabilities

What decided it

The approved drawings for the planning permission showed the property boundary line in a position consistent with the current timber fence, demonstrating the land was always part of the residential curtilage and no material change of use had occurred.

The decision letter

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More decisions in Buckinghamshire Council - Aylesbury Area

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

  1. Notice upheld30 September 20263370104
    New Bengal Blue, 17-19 Walton Road, Aylesbury, Buckinghamshire, HP21 7SR
  2. Notice upheld18 September 20263354830
    Una's Newsagency, 5 Buckingham Street, Aylesbury, HP20 2LA
  3. Planning permission granted8 April 20263349243
    The Green Man, 32 Market Square, Aylesbury, HP20 1TW
  4. Planning permission granted8 April 20263349240
    The Green Man, 32 Market Square, Aylesbury, HP20 1TW
  5. Unknown8 April 20263349212
    The Green Man, 32 Market Square, Aylesbury, Buckinghamshire, HP20 1TW

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.