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Dismissed31 May 20243334371

Gladwins Wood,, Pinstone Way, Denham, Buckinghamshire., SL9 7BJ

Planning appeal 3334371 at Gladwins Wood,, Pinstone Way, Denham, Buckinghamshire., SL9 7BJ (Buckinghamshire Council - South Bucks Area *) was dismissed on 31 May 2024 by Inspector Hand S, following an inquiry. The main issue, as the Inspector framed it: Whether a certificate of lawful use or development can be issued for the scaffold tower buildings.

Appeal A: certificate of lawful use/development for erection of buildings (scaffold tower structures) in excess of 4 years; Appeal B: appeal against an enforcement notice alleging an unauthorised material change of use of land to a sui generis mixed use comprising storage of building materials, waste, containers, vehicles, plant, scaffolding and a builder's yard

Authority
Buckinghamshire Council - South Bucks Area *
Appeal type
ldc · Lawful Development Certificate
Procedure
Inquiry
Development
employment-industrial · Major general industry/storage/warehousing
Inspector
Hand S
Postcode
SL9 7BJ

Main issues, as the Inspector framed them

  • Whether a certificate of lawful use or development can be issued for the scaffold tower buildings
  • Whether the notice is a nullity due to service/plan labelling issues
  • The ground (e) appeal - whether the notice was validly served on occupiers of the site
  • The ground (b) appeal - whether the matters alleged did not occur as alleged
  • The ground (g) appeal - whether the periods for compliance are unreasonably short
  • Whether the scaffold towers are included within the requirements of the notice, depending on the correct application of the Murfitt Principle

What decided it

The scaffold towers could not be shown to have been substantially complete for the requisite 4-year period and were, in any case, liable to further enforcement action under the second-bite provisions, while the enforcement notice was found to have been validly served and its allegations substantially made out.

What the Inspector cited

Judgments
SSLUHC v Ian Caldwell, Timberstore ltd [2024] EWCA Civ 467; Sage v SSETR [2003] UKHL 22

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

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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.