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Quashed On Legal Grounds17 June 20213256899

Land at Mount Pleasant Golf Course, Station Road, Lower Stondon, Henlow, SG16 6JL

Planning appeal 3256899 at Land at Mount Pleasant Golf Course, Station Road, Lower Stondon, Henlow, SG16 6JL (Central Bedfordshire) was decided (quashed on legal grounds) on 17 June 2021 by Inspector Lewis D, following a hearing. The main issue, as the Inspector framed it: The main issues centre on the effect of the development on: the appearance and landscape character of the golf course and the local distinctiveness of the surrounding area, and the residential amenity of nearby residents in respect of the effect on privacy.

Without planning permission, the carrying out of engineering operations to increase land levels and the re-contouring of the land including the importation of inert waste and soils in non-compliance with the terms of the planning permissions CB/15/01454/MW, CB/17/04034/MW and CB/18/04203/MW for ‘a 9 hole extension to existing golf course incorporating landscaping works and water harvesting system’ on land shown edged red on the attached plan, (‘the land’)

Authority
Central Bedfordshire
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
leisure-sport · Other minor developments
Inspector
Lewis D
Postcode
SG16 6JL

Main issues, as the Inspector framed them

  • The main issues centre on the effect of the development on: the appearance and landscape character of the golf course and the local distinctiveness of the surrounding area, and the residential amenity of nearby residents in respect of the effect on privacy.

What decided it

The as-built landscape and grading of the phase 3 area departed substantially from the approved scheme, causing harm to landscape character that was not outweighed by other acceptable effects, leading to dismissal of the s.73 appeal, while the enforcement notice was quashed because it could not be varied to address only the phase 3 breach without injustice.

the harmful impacts on landscape character weighed heavily against the proposal and were not outweighed by the acceptable effect on residents' privacy, the neutral effect on the heritage asset, and the satisfactory operation of the drainage system, so the balance tipped against the development

What the Inspector cited

Development plan policies
Policy DM3Policy DM14Policy GE 9Policy GE 1Policy GE 14Policy GE 20Policy EE14
National Planning Policy Framework
Paragraph 197
Judgments
Miller Mead v MHLG [1963] 2WLR; Britannia Assets v SSCLG & Medway Council [2011] EWHC 1908 (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.

See how each was applied

The decision letter

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More decisions in Central Bedfordshire

The authority’s record since 2016 · every decision in 2021

  1. Allowed15 October 20266009682
    Land West Of Hurricane Avenue, Lower Stondon, SG16 6NW
  2. Notice varied and upheld4 August 20263363264
    10 Knolls View, Totternhoe, Dunstable, LU6 2BT
  3. Notice upheld21 July 20263367816
    109 Clophill Road, Maulden, Bedford, Bedfordshire, MK45 2AD
  4. Allowed26 June 20266009349
    22 Moor End, Eaton Bray, Dunstable, LU6 2HN
  5. Dismissed1 June 20263357460
    Greenacres, 16 Thorncote Road, Northill, Biggleswade, SG18 9AQ

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.