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Planning appeal decision

Planning permission granted18 April 20233276356

Land South of Thomas Johnson Lower School and Adjacent to Hurst Grove, Lidlington, Beds, MK43 0SB

Planning appeal 3276356 at Land South of Thomas Johnson Lower School and Adjacent to Hurst Grove, Lidlington, Beds, MK43 0SB (Central Bedfordshire) was allowed on 18 April 2023 by Inspector Franks Z, following a hearing. The main issue, as the Inspector framed it: the effect of the development on the character and appearance of the area, countryside and site.

without planning permission, unauthorised development consisting of the erection of an outbuilding, and associated creation of gravel standing, foul drainage and close boarded fencing on the Land

Authority
Central Bedfordshire
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Franks Z
Postcode
MK43 0SB

Main issues, as the Inspector framed them

  • the effect of the development on the character and appearance of the area, countryside and site
  • the effect of the development on biodiversity
  • whether the development provides satisfactory living conditions for future residents
  • whether there is a need for Gypsy and Traveller pitches
  • the personal circumstances of the site occupiers, including the best interest of any children
  • whether the development constitutes intentional unauthorised development, and if so, what weight should attach to that

What decided it

The personal circumstances of the appellant and his family, including the best interests of the children and the lack of any alternative accommodation, were determinative in outweighing the limited harm and development plan conflict.

the limited harm to character and appearance and the conflict with the development plan were outweighed by the personal circumstances of the occupiers, the best interests of the children, and the lack of alternative sites, so permission was granted

What the Inspector cited

Development plan policies
Policy SP7Policy H7Policy EE2Policy EE5Policy EE8Policy EE9Policy SP8
Judgments
Smith v SSLUCH [2022] EWCA Civ 1391

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 2023

  1. Allowed15 October 20266009682
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  2. Dismissed9 October 20266010670
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  3. Notice varied and upheld4 August 20263363264
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  4. Notice upheld21 July 20263367816
    109 Clophill Road, Maulden, Bedford, Bedfordshire, MK45 2AD
  5. Allowed16 June 20266004562
    25 Rectory Lane,, Houghton Conquest,, MK45 3LD

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.