Planning Bulletin
27 April 2017
Issue 16/2017
In the bulletin this week:
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Tudor Stud Public Inquiry
Enforcement cases
Results of the Planning Committee
Alternative route phase two
meeting held on 26 April 2017
Tudor Stud Public Inquiry:
A 4 day Public Inquiry was scheduled to start on 25 April against the serving of an Enforcement Notice at
Tudor Stud Farm, Bledlow Ridge. The Notice relates to the siting of three mobile homes. The main issue is
whether the development had become lawful through the passage of time. Earlier information indicated that
the mobile homes were used as a tea room and changing facilities in connection with the Stud, and were not
used as residential accommodation – so there was no breach of Planning. But subsequent investigations
established that the mobile homes were in fact in residential occupation – which was not authorised.
The appellants are claiming the mobile homes had always been used as residential accommodation –
disagreeing with the Council’s evidence of use as tea room and changing facilities. The appellant regarded the
Council’s case as introducing a new ‘deciption’ argument, and on that basis sought a deferment of the appeal,
for further evidence to be produced. This was granted, with a new inquiry date being set for 21 November.
Enforcement cases
Sometimes we get feedback that there is a feeling our enforcement team cannot be very effective, as there as
so few prosecutions. Very often, however, the ‘breach’ of planning control can be resolved through
negotiations – a much more cost effective approach. Here are two examples. We will share on an occasional
basis other enforcement case studies in future Bulletins.
Ibstone Road: Unauthorised caravan. A caravan was placed on forestry land without planning permission. The
caravan was used for residential occupation and therefore represented a material change of use of land. The
use was unacceptable in policy terms due to the siting of the caravan and the fact that there was no essential
need for the caravan in connection with the forestry. The owner removed the caravan before formal action was
authorised.
Before
After
Bourne End: Erection of unauthorised fence within curtilage of Listed Building. Fencing was erected within the
curtilage of a Listed Building and did therefore not benefit from permitted development entitlement. An
Enforcement Notice was served on the basis that the fence represented inappropriate design and the location
of the close-boarded fencing harmed the setting of the listed building by splitting the historical curtilage in two.
In addition, the fence acted as a flood barrier that would obstruct any natural flood water flow. The Notice
required the entire removal of the unauthorised fence and full compliance was obtained.
Before
After
Results of the Planning Committee meeting
held on 26 April 2017
Application Ref: 15/06045/VCDN
Site Address: Caravan Park 128 Heath End Road Flackwell Heath Buckinghamshire HP10 9EW
Proposal: Variation of Condition 04 (Caravan numbers) of 12/06273/FUL (Appeal Decision) to state
no more than 6 caravans on site of which no more than 3 may be static caravans
Decision: Application Permitted
For further information please do not hesitate to contact Alastair Nicholson, the Development
Manager, on 01494 421510 or e-mail [email protected]
Alternative Route Phase Two
For more information about the alternative route scheme visit:- Alternative route/Gas works link
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To view previous project bulletins visit:- scheme bulletins