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Planning appeal decision

Quashed On Legal Grounds23 June 20223285652

land north of King’s Barn, 35 How End Road, Houghton Conquest, Beds , MK45 3JT

Authority
Central Bedfordshire
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Hainsworth D

Main issues, as the Inspector framed them

  • Whether the creation of a new hard surfaced track constitutes development requiring planning permission
  • Whether the use of land and buildings as a builder's yard for storage of materials and equipment and plant hire is immune from enforcement action as a result of ten years continuous use
  • The effects of the use of an existing field access, creation of a new hard surfaced track and parking area, and siting of a mobile catering kitchen unit on character and appearance, amenities of nearby residents and traffic and transport conditions

What decided it

The appellant's comprehensive evidence demonstrating continuous use of the builder's yard since 2003 established immunity from enforcement action, and the new access arrangements and catering unit were justified as necessary and compliant with development plan policies.

Plan policies cited: Policy EE5, Policy EMP4

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.