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Notice varied and upheld12 March 20263325136

Fenton Civil Engineering Ltd, Rowan Tree Farm Blackwell Hall Lane, Ley Hill, Chesham, HP5 1UN

Planning appeal 3325136 at Fenton Civil Engineering Ltd, Rowan Tree Farm Blackwell Hall Lane, Ley Hill, Chesham, HP5 1UN (Buckinghamshire Council - Chiltern Area *) was allowed in part (a split decision) on 12 March 2026 by Inspector Freer P, by written representations. The main issue, as the Inspector framed it: Whether the breach of planning control alleged in the notice is inappropriate development in the Green Belt.

a material change of use of the Land to a mixed use comprising agriculture, civil engineering contractor’s depot, residential occupation of log cabin by persons not connected to agriculture and the stationing of storage containers. That is a use that does not fall within any Use Class in the UCO. It is a Sui Generis use. 35. I conclude that, on the balance of probability, the matters stated in the notice have occurred. Accordingly, the appeal on ground (b) fails. The appeal on ground (d) 36. The appeal on this ground is that, at the date on which the notice was issued, no enforcement action could be taken in respect of any breach of planning Appeal

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Freer P
Postcode
HP5 1UN

Main issues, as the Inspector framed them

  • Whether the breach of planning control alleged in the notice is inappropriate development in the Green Belt
  • The effect, if any, on the character and appearance of the area, including whether the development conserves or enhances the Chilterns National Landscape
  • If the breach of planning control alleged in the notice is inappropriate development in the Green Belt, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, so as to amount to the very special circumstances necessary to justify the development

What decided it

The development constitutes inappropriate development in the Green Belt that fails to preserve openness and significantly harms the character and scenic beauty of the Chilterns National Landscape, with no very special circumstances demonstrated to justify it.

What the Inspector cited

Development plan policies
Policy GB2Policy GC1Policy LSQ1Policy CS22
National Planning Policy Framework
Paragraph 11Paragraph 143Paragraph 153Paragraph 154Paragraph 155Paragraph 187Paragraph 189

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.

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The decision letter

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More decisions in Buckinghamshire Council - Chiltern Area

The authority’s record since 2016 · every decision in 2026

  1. Notice upheld23 April 20263377177
    Land Adjacent Porch House, Village Road, Coleshill, Buckinghamshire
  2. Dismissed1 April 20263372329
    118 Chalfont Road, Seer Green, Beaconsfield, HP9 2QP
  3. Quashed On Legal Grounds9 March 20263341531
    Lodge Farm , 100 Lodge Lane, Chalfont St. Giles, HP8 4AH
  4. Unknown2 March 20263362050
    Land at National Society for Epilepsy, Chesham Lane, Chalfont St Peter, Buckinghamshire, HP8 4AD
  5. Planning permission granted2 March 20263343412
    52 Bottrells Lane, Chalfont St. Giles, HP8 4EJ

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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