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Planning appeal decision

Allowed31 October 20253336769

Midsummer Lodge Heath End Road, Little Kingshill, Great Missenden, HP16 0EB

Planning appeal 3336769 at Midsummer Lodge Heath End Road, Little Kingshill, Great Missenden, HP16 0EB (Buckinghamshire Council - Chiltern Area *) was allowed on 31 October 2025 by Inspector Braithwaite J, by written representations. The main issue, as the Inspector framed it: Whether the use of the land as builders yard/storage had subsisted continuously for a period in excess of ten years prior to 27 September 2023, such that it would be immune from enforcement action.

Builders yard/storage use

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
employment-industrial · Minor general industry/storage/warehousing
Inspector
Braithwaite J
Postcode
HP16 0EB

Main issues, as the Inspector framed them

  • Whether the use of the land as builders yard/storage had subsisted continuously for a period in excess of ten years prior to 27 September 2023, such that it would be immune from enforcement action

What decided it

The combination of three credible statutory declarations corroborated by historical photographs from 2013 showing containers and building materials on the land provided sufficient evidence to demonstrate on the balance of probability that the use had subsisted continuously for the required ten-year period.

The decision letter

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More decisions in Buckinghamshire Council - Chiltern Area

The authority’s record since 2016 · every decision in 2025

  1. Notice upheld23 April 20263377177
    Land Adjacent Porch House, Village Road, Coleshill, Buckinghamshire
  2. Notice varied and upheld12 March 20263325136
    Fenton Civil Engineering Ltd, Rowan Tree Farm Blackwell Hall Lane, Ley Hill, Chesham, HP5 1UN
  3. Quashed On Legal Grounds9 March 20263341531
    Lodge Farm , 100 Lodge Lane, Chalfont St. Giles, HP8 4AH
  4. Planning permission granted2 March 20263343412
    52 Bottrells Lane, Chalfont St. Giles, HP8 4EJ
  5. Notice upheld18 February 20263356283
    Land at Cherry Trees, Broombarn Lane, Great Missenden, Buckinghamshire, HP16 9JD

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.

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