Land Adjacent Jasmine Lodge School Lane Stoke Poges Buckinghamshire

1. 1.This application has been made under Section 73 (S73) of the Town and Country Planning Act 1990. This allows for minor material amendments, or amendments which do not involve a "substantial" or "fundamental" variation to the original planning permission. Case law has established that this application type cannot be used to vary the description or operative part of a planning permission. The operative part of the original planning permission is for the retention of the change of use of the existing cabin and the retention of the converted haybarn to form a single residential dwelling and residential annexe to provide ancillary accommodation with an associated area of outdoor recreational space (retrospective). The proposal for the retrospective veranda would require a change to the description of the original permission (PL/25/2164/FA), which would not be allowed under a Section 73 application. The proposed change does not therefore fall within the scope of S73 and the application is hereby refused.
2. 2.The application site is located within the Green Belt wherein there is a general presumption against inappropriate development except in very special circumstances. In terms of this, when assessing the veranda; which is viewed to be an extension of an existing building; it would result in a disproportionate increase in size compared to the original lawful buildings on site as the increase in built form would amount to 109%. This would clearly be over the 50% limitation as set out under Local Plan Policy GB10 and also fail to comply with NPPF Policy GB7 as it would be a disproportionate increase in size. The proposed development therefore, constitutes inappropriate development within the Green Belt, which is by definition harmful. The NPPF sets out that substantial weight should be given to any harm to the Green Belt. No very special circumstances have been advanced that clearly outweigh the harm that would be caused to the Green Belt by reason of inappropriateness. As such the proposal is contrary to Policy GB10 of the Chiltern District Local Plan ((adopted September 1997, Consolidated September 2007 and November 2011) and Section 13 of the NPPF.

From the council's decision notice.

Application type

Variation or Removal of a Condition

Scale / size

Small

Parish

Stoke Poges Parish Council

Date validated

14 July 2026

Consultation end

19 August 2026

Target decision date

8 September 2026

Agent

Bell Cornwell LLP

Agent address

Unit 2 Meridian Office Park Osborn Way Hook RG27 9HY

Statutory period

56 days

Documents

8