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Planning appeal decision

Quashed On Legal Grounds7 February 20233287338

Land Adjacent to Fairground Site, Mill Lane, Biggleswade, Bedfordshire, SG18 8AZ

Planning appeal 3287338 at Land Adjacent to Fairground Site, Mill Lane, Biggleswade, Bedfordshire, SG18 8AZ (Central Bedfordshire) was decided (quashed on legal grounds) on 7 February 2023 by Inspector Harwood A, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice correctly describes the breach of planning control and the extent of land affected.

Material change of use from agricultural land to mixed use of storage of fairground equipment, motor vehicles, trailers, caravans and miscellaneous fairground paraphernalia and siting of caravans for residential use

Authority
Central Bedfordshire
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Harwood A
Postcode
SG18 8AZ

Main issues, as the Inspector framed them

  • Whether the enforcement notice correctly describes the breach of planning control and the extent of land affected
  • Whether the use has been continuous for 10 years and is therefore immune from enforcement action

What decided it

The use had been continuous for more than 10 years prior to the enforcement notice being issued, establishing immunity from enforcement action under s.171B(3) of the Town and Country Planning Act 1990.

What the Inspector cited

Judgments
Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207

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.

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The decision letter

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More decisions in Central Bedfordshire

The authority’s record since 2016 · every decision in 2023

  1. Notice varied and upheld4 August 20263363264
    10 Knolls View, Totternhoe, Dunstable, LU6 2BT
  2. Notice upheld21 July 20263367816
    109 Clophill Road, Maulden, Bedford, Bedfordshire, MK45 2AD
  3. Dismissed1 June 20263357460
    Greenacres, 16 Thorncote Road, Northill, Biggleswade, SG18 9AQ
  4. Notice upheld18 May 20263354890
    The Paddock, Higher Rads End, Eversholt, MK17 9ED
  5. Notice upheld8 May 20263344699
    Meadowside, Limbersey Lane, Maulden, Bedford, MK45 2EA

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.