Planning appeal decision
Land to the West of Field Cottage, Buslins Lane, Chartidge, Buckinghamshire, HP5 2XD
the demolition of 3 outbuildings and construction of detached building comprising 6 stables, erection of fencing and laying out of manege without complying with a condition attached to planning permission PL/22/3758/FA, dated 23 November 2023
- Authority
- Buckinghamshire Council - Chiltern Area *
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Householder developments
- Inspector
- Freer P
Main issues, as the Inspector framed them
- Appeal A ground (c): whether the creation of a hard surface area and hard surface access way constitutes a breach of planning control
- Appeal A ground (f): whether the steps required by the notice exceed what is necessary to remedy the breach
- Appeal A ground (g): whether the period for compliance is reasonable
- Appeal B: whether the application under section 73 falls outside the scope of that process owing to the judgment in Finney
What decided it
The appellant's clear intention to pursue the materially different scheme proposed in application PL/23/4148/VRC (rather than the original permission PL/22/3758/FA) means temporary permitted development rights cannot apply, and the hard surfaces constitute an unauthorised breach requiring removal unless planning permission is subsequently granted.
Framework references: 189
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.
®