Buckinghamshire Council wins High Court planning fight

Buckinghamshire Council has won a High Court fight over a planning decision in area designated of "particular landscape importance" near Aylesbury

A man who raised concern about a planning decision in an area of "particular landscape importance" has lost a High Court fight with a council.

John Southwood took legal action against Buckinghamshire Council after planners gave "residential use" permission to a building created for storage close to his home, near Aylesbury.

He complained that the council had "adopted a wrongful approach".

The council disputed his claim.

A judge has ruled against Mr Southwood after considering arguments at a High Court hearing at the Royal Courts of Justice complex in London.

Mr Justice Julian Knowles has outlined his decision in a written ruling published online.

Buckinghamshire Council has won a High Court fight over a planning decision in Aylesbury

The judge said the council had granted permission for a storage building on a site near Oving Road, Whitchurch, near Aylesbury, in 2010 - then granted permission for a change of use from storage to residential in 2022.

He heard that the site was in the "locally designated Quainton - Wing Hills Area of Attractive Landscape".

'Nothing unlawful'

Mr Southwood said the land played an "important role" in preserving the "openness of the countryside" and "safeguarding the character" of the area.

He argued that council had "failed to interpret" the 2010 storage permission in accordance with the "relevant lawful approach".

Mr Justice Knowles heard that the change of use decision had been made by a council officer, on the basis of a report by a planning consultant, who said the building was "not materially different from the original permission".

The judge concluded that there had been "nothing unlawful" about the consultant's approach.

He said the consultant had not adopted a "wrongful approach" to the "lawful implementation" of planning permission.

Buckinghamshire Council says, on its website, that local landscape designations protect and guide change in "areas of particular landscape importance".