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Split Decision30 July 20243310023

Land at Land At Preston Road, Tingewick, Buckinghamshire, MK18 4DW

Planning appeal 3310023 at Land at Land At Preston Road, Tingewick, Buckinghamshire, MK18 4DW (Buckinghamshire Council - Aylesbury Area *) was allowed in part (a split decision) on 30 July 2024 by Inspector Allen M, following a hearing. The main issue, as the Inspector framed it: Status of the occupants.

without planning permission, the unauthorised change of use of land to a mixed use comprising residential and workshop (sui generis) use

Authority
Buckinghamshire Council - Aylesbury Area *
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Allen M
Postcode
MK18 4DW

Main issues, as the Inspector framed them

  • Status of the occupants
  • Whether the principle of development is acceptable at this location
  • Whether the location is accessible to nearby settlements and facilities
  • The effect of the development on the character and appearance of the area

What decided it

The classification of the accommodation structure as a use of land (not a building) meant the 10-year immunity period applied and had not elapsed for the LDC/ground (d) appeals, while for ground (a) the identified unmet need for New Age Traveller accommodation and compliance with Policy D11 led to permission being granted subject to mitigating conditions.

the identified unmet need for New Age Traveller accommodation and the acceptability of the principle of development outweighed the limited and mitigable harm to character and appearance, resulting in permission being granted subject to conditions

What the Inspector cited

Development plan policies
Policy S1Policy S2Policy S6Policy D11Policy D6Policy DE11
Judgments
Flynn & Sheridan v SSCLG & Basildon BC [2014] EWHC 390 (Admin); Cardiff Rating Authority v Guest Keen Baldwin's Iron and Steel Co Ltd [1949] 1QB 385; Skerritts of Nottingham Ltd v SSETR (No.2) [2000] 2 PLR 102

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in Buckinghamshire Council - Aylesbury Area

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

  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.