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Allowed21 June 20213265631

The Orchard, Bedford Road, Houghton Regis, Dunstable, LU5 6JJ

Planning appeal 3265631 at The Orchard, Bedford Road, Houghton Regis, Dunstable, LU5 6JJ (Central Bedfordshire) was allowed on 21 June 2021 by Inspector Shields T, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse the application for a certificate of lawful use or development was well-founded, turning on whether the proposed use of an existing outbuilding as a commercial cattery would amount to a material change of use constituting development as defined at s55 of the Town and Country Planning Act 1990.

Use of an outbuilding as a commercial cattery for up to a maximum of 10 cats at any one time, operated solely by the occupiers with customer visits by appointment only between 08:00-18:00 Monday to Friday and 08:00-13:00 Saturdays

Authority
Central Bedfordshire
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Minor retail and services
Inspector
Shields T
Postcode
LU5 6JJ

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse the application for a certificate of lawful use or development was well-founded, turning on whether the proposed use of an existing outbuilding as a commercial cattery would amount to a material change of use constituting development as defined at s55 of the Town and Country Planning Act 1990

What decided it

The cattery use would be small-scale and incidental to the primary residential use of the property, functionally and physically linked to the main dwelling, and would not result in a material change of use within the existing residential planning unit.

What the Inspector cited

Judgments
Burdle & Williams v SSE & New Forest RDC [1972] 1 WLR 1207; Hertfordshire CC v SSCLG & Metal and Waste Recycling Limited [2012] EWCA Civ 1473

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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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.