®Planning appeal decision
Notice varied and upheld4 March 20253308014
Mill Cottage, Broughton Lane, Bierton, Buckinghamshire, HP22 5AW
1. The material change of use of the Land to residential and 2. The construction of a building for residential purposes
- Authority
- Buckinghamshire Council - Aylesbury Area *
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Hitchcock R
Main issues, as the Inspector framed them
- Whether the matters alleged in the enforcement notice have occurred (ground b)
- Whether enforcement action could be taken at the date the notice was issued (ground d)
- Whether the steps required by the notice exceed what is necessary to remedy the breach (ground f)
What decided it
The Caldwell & Timberstore Ltd v SSLUHC & Buckinghamshire Council judgment established that an enforcement notice cannot require removal of operational development that is lawful by virtue of section 171B of the Act, and since the building was substantially complete more than four years before service of the notice, its removal could not be required.
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.