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Planning appeal decision

Notice varied and upheld6 December 20243221147

The Stables 1-2, Gypsy Lane, Little Billington, Central Bedfordshire, LU7 9BP

Planning appeal 3221147 at The Stables 1-2, Gypsy Lane, Little Billington, Central Bedfordshire, LU7 9BP (Central Bedfordshire) was allowed in part (a split decision) on 6 December 2024 by Inspector Lewis D, following a hearing. The main issue, as the Inspector framed it: Whether condition 1 (restricting occupation to Gypsies as defined) should be removed.

failure to comply with conditions 1 and 2 imposed on a planning permission ref SB/TP/04/1372 dated 16 December 2004

Authority
Central Bedfordshire
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Lewis D
Postcode
LU7 9BP

Main issues, as the Inspector framed them

  • Whether condition 1 (restricting occupation to Gypsies as defined) should be removed
  • Whether the proposed replacement condition 2 would be consistent with the operative part of the planning permission (the description of development)
  • Whether the requirements of the enforcement notice are excessive to achieve the purpose of the notice (ground (f))
  • Whether the compliance period of six months is reasonable and proportionate (ground (g))

What decided it

The proposed replacement condition would have been inconsistent with the operative description of development in the 2004 permission, meaning it fell outside the Council's powers under section 73 as established in Finney and Fiske, so the deemed planning permission was refused.

What the Inspector cited

Judgments
Smith v Secretary of State for Levelling Up, Housing and Communities and Ohers [2022] EWCA Civ 1391; Finney v Welsh Ministers [2019] EWCA Civ 1868; Fiske v Test Valley Borough Council & Woodington Solar Ltd [2023] EWHC 2221 (Admin)

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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More decisions in Central Bedfordshire

The authority’s record since 2016 · every decision in 2024

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  2. Notice varied and upheld4 August 20263363264
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  4. Dismissed1 June 20263357460
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  5. Allowed26 May 20266003946
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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; 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 appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.