®Planning appeal decision
Land known as Land South West of The Manor, Pertenhall Road, Keysoe, Bedfordshire, MK44 2HR
change of use of land for 2 Gypsy/Traveller Pitches comprising the siting of 1 mobile home, 1 touring caravan, alongside formation of hardstanding, access, gates, and boundary treatments (Retrospective), and the proposed erection of 1 dayroom per pitch
- Authority
- Bedford Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- caravan-gypsy · Change of use
- Inspector
- Pleasant L
Main issues, as the Inspector framed them
- the effect of the development on ecology, including protected species and biodiversity
- the effect of the development on the character and appearance of the area, including any impact on the adjoining Public Right of Way
- whether the occupants of the site would have reasonable access to services and facilities
- whether the occupants of the site would be at risk from surface water flooding
What decided it
The significant and demonstrable harm to landscape character/appearance and ecology outweighed the benefits of the lack of 5-year pitch supply and the appellants' personal circumstances under the NPPF paragraph 11(d)(ii) balance.
The adverse impacts of granting planning permission (substantial harm to landscape character and the PROW, significant harm to ecology, moderate harm from poor accessibility and intentional unauthorised development) significantly and demonstrably outweighed the benefits (significant weight from the lack of a 5-year supply of deliverable pitches and substantial weight from personal circumstances/best interests of the child), so the tilted balance under NPPF paragraph 11(d)(ii) favoured refusal.
Framework references: 11, 83, 115, 135, 187, 193
Plan policies cited: Policy 42S, Policy 43, Policy 37, Policy 7S, Policy 28S, Policy 29, Policy 63, Policy 92, Policy 6, Policy 20
Judgments cited: Doncaster MBC v FFS & Angela Smith [2007]; Braintree DC v SOSCLG [2018] 2P.& C.R.9; Ardagh Glass v Chester CC & Quinn Glass [2009] EWHC 745 (Admin); South Bucks DC v Porter No 2 [2002] 1 WLR 1953; Zoumbas v Secretary of State for the Home Office [2013] 1 WLR 3690
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.