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Notice varied and upheld11 October 20243336002

Land West of Lake End Road, Dorney, Windsor, SL4 6QS

Planning appeal 3336002 at Land West of Lake End Road, Dorney, Windsor, SL4 6QS (Buckinghamshire Council - South Bucks Area *) was allowed in part (a split decision) on 11 October 2024 by Inspector Freer P, following an inquiry. The main issue, as the Inspector framed it: the effect on the openness of the Green Belt.

Material change of use of land to a mixed use comprising open storage, storage/distribution of aggregates, preparation/storage/distribution of readymix concrete, stationing of a static caravan for residential occupation, vehicle breaking and repairs, storage/distribution of scaffolding, siting of racking/metal containers/concrete batching plant, together with operational development including hardstanding, roadways, aggregate storage bays and concrete batching plant/equipment

Authority
Buckinghamshire Council - South Bucks Area *
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
employment-industrial · Change of use
Inspector
Freer P
Postcode
SL4 6QS

Main issues, as the Inspector framed them

  • the effect on the openness of the Green Belt
  • the purposes of the Green Belt
  • the effect of the development, if any, on the character and appearance of the area
  • whether the use prejudices conditions of highway safety
  • whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, so as to amount to the very special circumstances necessary to justify the development
  • whether the Council's decision to refuse to grant a Certificate of Lawful Use or Development was well founded

What decided it

The cumulative Green Belt, landscape, heritage and residential amenity harm, reinforced by the appellant's flagrant history of intentional unauthorised development, was not clearly outweighed by the limited weight attributable to unproven economic benefits and a flawed Biodiversity Net Gain scheme, so very special circumstances did not exist.

the harm by reason of inappropriateness in the Green Belt, together with harm to the character and appearance of the area, harm to designated heritage assets, harm to living conditions, and the weight attached to intentional unauthorised development, was not clearly outweighed by the limited weight given to economic benefits and Biodiversity Net Gain, so the very special circumstances necessary to justify the development did not exist

What the Inspector cited

Development plan policies
Policy GB1Policy GB4Policy EP3Policy 8Policy 10
National Planning Policy Framework
Paragraph 143Paragraph 153Paragraph 180Paragraph 205Paragraph 208
Judgments
Young v SSE [1983] 2 AC 66; Panton and Farmer v SSETR (1999) 78 P&CR 186; Beach v SSTER [2001] EWHC (Admin) 381; Jennings Motors Ltd v SSE [1982] QB 541; Nicholson v SSE (1998) 76 P 7 CR 191; R (Ocado Retail Ltd) v London Borough of Islington [2021] EWHC 1509 (Admin); Swale BC v FSS [2006] JPL 886

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.