®Planning appeal decision
The Stables 1-2, Gypsy Lane, LITTLE BILLINGTON, Central Bedfordshire, LU7 9BP
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
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.
Judgments cited: 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)
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.