®Planning appeal decision
Marlian Rowley Lane, Wexham, Bucks, SL3 6PB
the material change of use of the Land to a mixed use (sui generis) comprising of agricultural, importation, storage and distribution of primary aggregates, the preparation, storage and distribution of ready-mix concrete and the parking of HGV’s used in connection with the concrete business (the Unauthorised Use). To facilitate the unauthorised use, the carrying out of operational development, comprising of the laying of hardstanding, the erection of gates and fences, the siting of containers, the siting of a fuel tank and the siting of a silo for concrete
- Authority
- Buckinghamshire Council - South Bucks Area *
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- minerals-waste · Change of use
- Inspector
- Phillips A
Main issues, as the Inspector framed them
- Whether the development is inappropriate development for the purposes of the development plan and the National Planning Policy Framework (the Framework)
- The effect on the openness of the Green Belt and the purposes of including the land within it
- The effect on the character and appearance of the area
- If the development is inappropriate development, 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 it
What decided it
The substantial weight attributed to the harm from inappropriate development and its effect on the openness of the Green Belt was not outweighed by the economic benefit of the business, so very special circumstances were not established.
the substantial harm to Green Belt openness and character/appearance was not clearly outweighed by the economic benefit of the business, so very special circumstances did not exist and the appeal on ground (a) failed
Framework references: 154, 155
Plan policies cited: Policy GB4, Policy GB1, Policy EP3
Judgments cited: Barvis v SSE [1971] 22 P&CR 710; Cardiff Rating Authority v Guest Keens [1949] 1 KB 385
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.