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Dismissed19 September 20233308253

Tenacres, Little Staughton Road, Colmworth, Bedford, MK44 2LB

Planning appeal 3308253 at Tenacres, Little Staughton Road, Colmworth, Bedford, MK44 2LB (Bedford Borough Council) was dismissed on 19 September 2023 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a Lawful Development Certificate was well founded with particular regard as to whether condition No. 4 (an agricultural occupancy condition) of outline planning permission B/TP/78/1389 is enforceable and, if not, whether the dwellinghouse can be occupied without compliance with such a condition.

described as retention of a dwelling (C3) and occupation without compliance of an agricultural occupancy condition on land at Tenacres, Little Staughton Road, Colmworth, Bedford, MK44 2LB

Authority
Bedford Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Hartley D
Postcode
MK44 2LB

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a Lawful Development Certificate was well founded with particular regard as to whether condition No. 4 (an agricultural occupancy condition) of outline planning permission B/TP/78/1389 is enforceable and, if not, whether the dwellinghouse can be occupied without compliance with such a condition

What decided it

The agricultural occupancy condition in the original outline planning permission remains enforceable as there is no evidence of a continuous breach exceeding ten years, and the current occupiers do not comply with the condition's requirements.

The decision letter

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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.

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