®Planning appeal decision
Plot 10, Sunset Park Homes, Whitfield Road, Biddlesden , Buckinghamshire , NN13 5TD
failure to comply with a condition imposed on planning permission Ref: 08/01966/APP granted at appeal (
- Authority
- Buckinghamshire Council - Aylesbury Area *
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Dyer S
Main issues, as the Inspector framed them
- Appeal A: whether the enforcement notice is properly formulated and whether the alleged breach of Condition 3 has occurred; whether the steps required exceed what is necessary to remedy the breach; whether the compliance period is reasonable
- Appeal B: whether the Council's decision to refuse the certificate of lawful use or development was well-founded
What decided it
For Appeal A: the Council's evidence that non-gypsies and travellers were occupying the building and Plot 10 triggered the requirement to remove the building under Condition 3. For Appeal B: the appellant's evidence of continuous occupation of all three units for the required four-year period was imprecise, incomplete and ambiguous, particularly regarding the availability of facilities and continuity of occupation.
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.