®Planning appeal decision
Land South of Thomas Johnson Lower School and adjacent to Hurst Grove, Lidlington, Beds, MK43 0SB
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
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
Plan policies cited: Policy SP7, Policy H7, Policy EE2, Policy EE5, Policy EE8, Policy EE9, Policy SP8
Judgments cited: Smith v SSLUCH [2022] EWCA Civ 1391
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.