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Quashed On Legal Grounds20 June 20243335891

Twin Trees Farm, Rowley Lane, Wexham, Buckinghamshire, SL3 6PB

Planning appeal 3335891 at Twin Trees Farm, Rowley Lane, Wexham, Buckinghamshire, SL3 6PB (Buckinghamshire Council - South Bucks Area *) was decided (quashed on legal grounds) on 20 June 2024 by Inspector Boffin D, following an inquiry. The main issue, as the Inspector framed it: Whether the alleged mixed use of the appeal site occurred as a matter of fact, in particular whether the appeal site constituted a single planning unit or several separate planning units.

A material change of use of the Land to a mixed use (sui generis) comprising of:

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
other · Change of use
Inspector
Boffin D
Postcode
SL3 6PB

Main issues, as the Inspector framed them

  • Whether the alleged mixed use of the appeal site occurred as a matter of fact, in particular whether the appeal site constituted a single planning unit or several separate planning units

What decided it

The finding that the appeal site comprised multiple separate planning units rather than the single mixed use alleged in the enforcement notice, meaning the allegation had not occurred as a matter of fact.

What the Inspector cited

Judgments
Burdle & Williams v SSE & New Forest RDC [1972] 1 WLR 1207; Johnston & Johnston v SSE & Haringey LBC [1974] 28 P&CR 424; Church Commissioners v SSE & Gateshead MBC [1995] 71 P. & C.R. 73;2 P.L.R. 99; Gregory v Secretary of State for the Environment [1990] 60 P&CR 413; Ralls v Secretary of State for the Environment [1998] J.P.L 444; KP JR Management Company Limited v London Borough of Richmond upon Thames [2018] EWHC 84 (Admin)

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 applied

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

  1. Dismissed9 September 20263345670
    Link Park Heathrow, Thorney Mill Road, West Drayton, UB7 7EZ
  2. Notice varied and upheld4 September 20263349251
    Maple Cottage, Billett Lane, Iver, Buckinghamshire, SL3 6DJ
  3. Notice upheld3 September 20263345455
    Willow Tree Farm Love Lane, Iver, SL0 9QZ
  4. Allowed1 September 20263354729
    The Park, Wexham Road, Slough, Buckinghamshire, SL2 5QR
  5. Notice varied and upheld26 August 20263376241
    The Woollets , Cherry Tree Lane, Fulmer, Buckinghamshire, SL3 6JE

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.