Town Planner Pro
Search appeal decisions

Planning appeal decision

Notice varied and upheld12 March 20263325136

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

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

Authority
Buckinghamshire Council - Chiltern Area *
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Freer P

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.

Framework references: 11, 143, 153, 154, 155, 187, 189

Plan policies cited: Policy GB2, Policy GC1, Policy LSQ1, Policy CS22

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.