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Planning appeal decision

Notice varied and upheld28 April 20223281871

Land Known As Land at New Road Farm, 8A Bedford Road, Cople, MK44 3TP

Planning appeal 3281871 at Land Known As Land at New Road Farm, 8A Bedford Road, Cople, MK44 3TP (Bedford Borough Council) was allowed in part (a split decision) on 28 April 2022 by Inspector Dyer S, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the notice constitute a breach of planning control (ground c).

without planning permission, the material change of use of the land from a mixed use (sui generis) as agriculture with a telecommunications mast and a haulage yard with ancillary uses as specified in Certificate of Lawfulness 04/01004/LDE (Appendix 1) to a different mixed use (sui generis) incorporating: agriculture with a telecommunications mast; car and motorbike repairs, modifications and sales; scaffolding depot; parking of heavy goods vehicles (HGVs); storage in shipping containers and open storage; parking of cars, vans, motorhome(s) and other non-agricultural vehicles; storage of caravan(s), horse box(es), non-agricultural trailers, gas and oil tanks, vehicle parts

Authority
Bedford Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Dyer S
Postcode
MK44 3TP

Main issues, as the Inspector framed them

  • Whether the matters alleged in the notice constitute a breach of planning control (ground c)
  • Whether at the date the notice was issued, no enforcement action could be taken in respect of any breach of planning control (ground d)
  • Whether the steps required by the notice exceed what is necessary to remedy any breach of planning control (ground f)
  • Whether the period specified for compliance with the notice falls short of what should reasonably be allowed (ground g)

What decided it

The appellant failed to demonstrate that the mixed use of the site as a whole was lawful at the time the notice was issued, as the scaffolding firm component had not subsisted for the required ten-year period and the Certificate of Lawful Use did not cover the entire site.

The decision letter

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More decisions in Bedford Borough Council

The authority’s record since 2016 · every decision in 2022

  1. Allowed21 September 20263373400
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  3. Notice varied and upheld17 July 20263357700
    Land Rear 3 Great North Road, , Chawston, Bedfordshire, MK44 3BD
  4. Notice upheld28 April 20263355359
    Land Known As 10-12 Iddesleigh Road, MK40 4LW
  5. Notice upheld24 March 20263372991
    Top Farm, The Lane, Wyboston, Bedfordshire, MK44 3AS

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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