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Planning appeal decision

Dismissed11 October 20243304031

Land to the West of Lake End Road, Formerly known as Orchard Herbs, Dorney, SL4 6QS

Use as a builders yard and storage of commercial vehicles, equipment and building materials. Summary

Authority
Buckinghamshire Council - South Bucks Area *
Appeal type
ldc · Lawful Development Certificate
Procedure
Inquiry
Development
employment-industrial · Minor general industry/storage/warehousing
Inspector
Freer P

Main issues, as the Inspector framed them

  • the effect on the openness of the Green Belt
  • the purposes of the Green Belt
  • the effect of the development, if any, on the character and appearance of the area
  • whether the use prejudices conditions of highway safety
  • whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, so as to amount to the very special circumstances necessary to justify the development

What decided it

The cumulative and substantial/great weight harms to Green Belt openness, character and appearance, and heritage assets, reinforced by the appellant's long history of intentional unauthorised development, were not clearly outweighed by the limited economic and biodiversity benefits, so very special circumstances did not exist.

substantial harm to Green Belt openness, significant harm to character and appearance, great weight harm to heritage assets, moderate harm to living conditions, and significant weight attached to intentional unauthorised development were not clearly outweighed by only limited weight economic benefits and limited weight biodiversity net gain, so the harm by reason of inappropriateness and other harm was not clearly outweighed and very special circumstances did not exist

Framework references: 143, 153, 180, 205, 208

Plan policies cited: Policy GB1, Policy GB4, Policy EP3, Policy 8, Policy 10

Judgments cited: Young v SSE [1983] 2 AC 66; Panton and Farmer v SSETR (1999) 78 P&CR 186; Beach v SSTER [2001] EWHC (Admin) 381; Jennings Motors Ltd v SSE [1982] QB 541; Nicholson v SSE (1998) 76 P 7 CR 191; R (Ocado Retail Ltd) v London Borough of Islington [2021] EWHC 1509 (Admin); Swale BC v FSS [2006] JPL 886

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.