®Planning appeal decision
106A High Street, AYLESBURY, HP20 1RB
- Authority
- Buckinghamshire Council - Aylesbury Area *
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Boffin D
Main issues, as the Inspector framed them
- The effect of the development on the living conditions of existing and future occupiers of the residential units having regard to internal size, levels of natural light and outlook
- Whether the development would be resilient to climate change and flooding and whether it would increase the risk of flooding elsewhere
- The effect of the development on employment sites
What decided it
The extant 2020 planning permission for auxiliary office space means the breach can be remedied by modification rather than demolition, making complete demolition excessive under section 176(b) of the 1990 Act.
The modest benefits of 2 residential units and local economic contributions are significantly and demonstrably outweighed by the significant harm to living conditions of occupiers and undemonstrated flood compliance; the tilted balance does not apply because the adverse impacts outweigh benefits when assessed against Framework policies as a whole.
Framework references: 11, 135, 173, 225
Plan policies cited: Policy BE3, Policy E2, Policy I4
Judgments cited: Atwill v New Forest National Park Authority [2023] EWHC 625 (Admin); Commercial Land Ltd v Secretary of State for Transport, Local Government and the Regions [2002] EWHC 1264 (Admin); East Dunbartonshire Council v Secretary of State for Scotland and another [1998] Scot CS 46
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.