®Planning appeal decision
Land North of King’s Barn, 35 How End Road, Houghton Conquest, Beds , MK45 3JT
Planning appeal 3285652 at Land North of King’s Barn, 35 How End Road, Houghton Conquest, Beds , MK45 3JT (Central Bedfordshire) was decided (quashed on legal grounds) on 23 June 2022 by Inspector Hainsworth D, by written representations. The main issue, as the Inspector framed it: Whether the creation of a new hard surfaced track constitutes development requiring planning permission.
Use of existing field access onto How End Road and creation of new hard surfaced track and parking area and siting of mobile catering kitchen unit for commercial cooking purposes including preparation and distribution of catering products
- Authority
- Central Bedfordshire
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- employment-industrial · Change of use
- Inspector
- Hainsworth D
- Postcode
- MK45 3JT
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.
What the Inspector cited
- Development plan policies
- Policy EE5Policy EMP4
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.