®Planning appeal decision
Land known as land at New Road Farm, 8A Bedford Road, Cople, MK44 3TP
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
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 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.