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Planning appeal decision

Notice varied and upheld4 March 20253308014

Mill Cottage, Broughton Lane, Bierton, Buckinghamshire, HP22 5AW

Planning appeal 3308014 at Mill Cottage, Broughton Lane, Bierton, Buckinghamshire, HP22 5AW (Buckinghamshire Council - Aylesbury Area *) was allowed in part (a split decision) on 4 March 2025 by Inspector Hitchcock R, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice have occurred (ground b).

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
Postcode
HP22 5AW

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 decision letter

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More decisions in Buckinghamshire Council - Aylesbury Area

The authority’s record since 2016 · every decision in 2025

  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.

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