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Planning appeal decision

Quashed On Legal Grounds20 June 20243335891

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

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

Authority
Buckinghamshire Council - South Bucks Area *
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
other · Change of use
Inspector
Boffin D

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.

Judgments cited: 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)

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.