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Planning appeal decision

Dismissed7 September 20266004673

Dean Farm, Long Bottom Lane, Jordans, HP9 2UT

Authority
Buckinghamshire Council
Appeal type
other · Planning listed building and conservation area
Procedure
Written
Development
residential
Postcode
HP9 2UT

Main issues, as the Inspector framed them

  • Whether the development proposed by the application falls within the scope of Section 73 of the Act
  • Whether the consequences of the variation of condition 14 would result in inappropriate development in the Green Belt, having regard to any relevant development plan policies and the National Planning Policy Framework
  • The effect of the development on the openness of the Greenbelt
  • Whether the consequences of the variation of condition 14 would result in development that would preserve the grade II Listed Buildings or their settings or any features of special architectural or historic interest which they possess
  • Whether any harm by reason of inappropriateness or any other harm would be clearly outweighed by other considerations, so as to amount to the special circumstances necessary to justify the development
  • Whether the works would preserve the Grade II Listed Building at the Farmhouse or any features of special architectural or historic interest which it possesses, and preserve the Grade II Listed Buildings at the Barn and the Granary, or their settings or any features of special architectural or historic interest which they possess

What decided it

The proposed development falls outside the scope of section 73 of the Act because the variation of condition 14 would authorise development that goes beyond the operative part of the original planning permission.

The harm to the significance of the Farmhouse (attributed considerable importance and weight) was not outweighed by the public benefits (modest weight for re-use of the Farmhouse, small weight for potential re-use of the Barn and Granary, and very little weight for economic benefits).

Framework references: HE6

Plan policies cited: Policy LB1, Policy LB2, Policy CS20, historic environment policy 1

Judgments cited: John Leslie Finney v Welsh Ministers [2019] EWCA Civ 1868

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.