®Planning appeal decision
106A High Street, Aylesbury, HP20 1RB
Planning appeal 3334163 at 106A High Street, Aylesbury, HP20 1RB (Buckinghamshire Council - Aylesbury Area *) was allowed in part (a split decision) on 20 August 2024 by Inspector Boffin D, by written representations. The main issue, as the Inspector framed it: 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.
Material change of use of land to residential including the erection of a building comprising 2 residential units
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Boffin D
- Postcode
- HP20 1RB
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.
What the Inspector cited
- Development plan policies
- Policy BE3Policy E2Policy I4
- National Planning Policy Framework
- Paragraph 11Paragraph 135Paragraph 173Paragraph 225
- Judgments
- 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
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.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
More decisions in Buckinghamshire Council - Aylesbury Area
The authority’s record since 2016 · every decision in 2024
- Notice upheld30 September 20263370104New Bengal Blue, 17-19 Walton Road, Aylesbury, Buckinghamshire, HP21 7SR
- Notice upheld18 September 20263354830Una's Newsagency, 5 Buckingham Street, Aylesbury, HP20 2LA
- Planning permission granted8 April 20263349243The Green Man, 32 Market Square, Aylesbury, HP20 1TW
- Planning permission granted8 April 20263349240The Green Man, 32 Market Square, Aylesbury, HP20 1TW
- Unknown8 April 20263349212The Green Man, 32 Market Square, Aylesbury, Buckinghamshire, HP20 1TW
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.