Planning appeal decision
Stampwell Farm, Oxford Road, Jordans, Buckinghamshire, HP9 2DX
Without planning permission, a material change of use of the land to a mixed use comprising agriculture, residential, coffee bean processing, community facility for worship and leisure purposes and integral to that use, operational development comprising the erection of a marquee and play equipment
- Authority
- Buckinghamshire Council - Chiltern Area *
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- community-institutional · Change of use
- Inspector
- Harbottle M
Main issues, as the Inspector framed them
- Whether the MCU is inappropriate development within the Green Belt (GB) having regard to the effect on the openness and purposes of including land in the GB and, as necessary, sustainable development principles and the effect on the setting of designated heritage assets.
- The suitability of the vehicular access from Oxford Road.
- Any support provided to the rural economy.
- If the MCU constitutes inappropriate development, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, and so amounts to the very special circumstances required to justify the proposal ("the GB balance").
What decided it
The worship use failed criteria b and c of paragraph 155 (no demonstrable unmet need and an unsustainable location for non-car access) and so remained inappropriate Green Belt development without very special circumstances, whereas the coffee bean processing use in an existing building was not inappropriate development.
The private benefit of the rural/agricultural link to the church's worship did not clearly outweigh the substantial harm from inappropriate Green Belt development and the harm arising from poor transport accessibility, so the worship use was refused, while the coffee bean processing use, complying with the development plan, was permitted.
Framework references: 154, 155, 110, 115
Plan policies cited: GB2, GB29, CS19, CS1, CS4, CS29, TR2
Judgments cited: Wealden DC v SSE & Innocent [1983] JPL 234; Avon Estates Ltd v Welsh Ministers & Ceredigion CC [2011] EWCA Civ 553
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.
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