®Planning appeal decision
Land at Land At Preston Road, Tingewick, Buckinghamshire, MK18 4DW
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
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
Plan policies cited: Policy S1, Policy S2, Policy S6, Policy D11, Policy D6, Policy DE11
Judgments cited: 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
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.