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Notice upheld20 February 20233280899

Land Known As Seven Acre Field, West of Julians Cottage, 115 West End, Haynes, MK45 3QU

Planning appeal 3280899 at Land Known As Seven Acre Field, West of Julians Cottage, 115 West End, Haynes, MK45 3QU (Central Bedfordshire) was dismissed on 20 February 2023 by Inspector Renaudon L, following a hearing. The main issue, as the Inspector framed it: To assess the developments against the Local Plan criteria-based policy applying to the provision of 'windfall' traveller sites, being Policy H7, which applies whether or not the PPTS definition is met.

Without planning permission, the unauthorised material change of use of agricultural land to a residential caravan site with the stationing of caravans for residential purposes, and portable amenity block

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Renaudon L
Postcode
MK45 3QU

Main issues, as the Inspector framed them

  • To assess the developments against the Local Plan criteria-based policy applying to the provision of 'windfall' traveller sites, being Policy H7, which applies whether or not the PPTS definition is met
  • Whether or not the development has amounted to 'intentional unauthorised development', and if so the amount of weight attributable to that
  • Compliance with other relevant development plan policies
  • The need for and supply of traveller sites in the area, and the availability of alternative sites to the appellants
  • The particular personal circumstances of the appellants, and human rights and PSED considerations including the best interests of the children on the site
  • Whether the time stipulated for compliance with the notices is too short (grounds (f) and (g))

What decided it

The unacceptable noise environment at the site, which could not be satisfactorily mitigated without causing further unacceptable landscape and living-condition harm, decided the appeals against the appellants.

The benefits of meeting unmet Traveller accommodation need, the lack of an alternative site, and providing a settled base for the children's education and health needs did not outweigh the harm to landscape character, the unresolved biodiversity/contamination risks, highway safety conflicts, and above all the unacceptable noise-related living conditions, so the balance tipped against the appeals.

What the Inspector cited

Development plan policies
Policy H7Policy EE5Policy EE2Policy EE8Policy CC8Policy T2Policy HQ1Policy NE1Policy SP8
Judgments
Smith v SSLUHC and others [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

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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.

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