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Notice varied and upheld21 August 20243326781

Marlian Rowley Lane, Wexham, Bucks, SL3 6PB

Planning appeal 3326781 at Marlian Rowley Lane, Wexham, Bucks, SL3 6PB (Buckinghamshire Council - South Bucks Area *) was allowed in part (a split decision) on 21 August 2024 by Inspector Phillips A, following a hearing. The main issue, as the Inspector framed it: Whether the development is inappropriate development for the purposes of the development plan and the National Planning Policy Framework (the Framework).

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
Postcode
SL3 6PB

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

What the Inspector cited

Development plan policies
Policy GB4Policy GB1Policy EP3
National Planning Policy Framework
Paragraph 154Paragraph 155
Judgments
Barvis v SSE [1971] 22 P&CR 710; Cardiff Rating Authority v Guest Keens [1949] 1 KB 385

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 - South Bucks Area

The authority’s record since 2016 · every decision in 2024

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  4. Allowed1 September 20263354729
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  5. Notice varied and upheld26 August 20263376241
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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.