®Planning appeal decision
Notice varied and upheld18 September 20253322499
Plot 10, Sunset Park Homes, Whitfield Road, Brackley, 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
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Minor traveller and caravan pitches
- 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 was well-founded
What decided it
Appeal A: the Council's evidence that non-gypsy/traveller persons occupied the site triggered the condition requiring removal of the building, and the six-month compliance period was proportionate. Appeal B: the appellant's evidence of continuous four-year occupation was insufficiently precise and unambiguous to discharge the burden of proof on the balance of probabilities.
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.