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Planning appeal decision

Notice varied and upheld13 August 20243331077

Land at the rear of Home Farm, Dunstable Road, Tilsworth, Leighton Buzzard, LU7 9PU

the unauthorised material change of use to a residential Gypsy and Traveller site with the siting of caravans for residential use

Authority
Central Bedfordshire
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Thomas N

Main issues, as the Inspector framed them

  • Whether the development is inappropriate development in the Green Belt.
  • The effect of the development on the openness of the Green Belt and Green Belt purposes.
  • The effect of the development on the character and appearance of the area.
  • The effect of the development on the integrity of the Chiltern Beechwood Special Area of Conservation (SAC) which includes Ashridge Common Site of Special Scientific Interest (SSSI) (Appeal A only).
  • The general need for and supply of gypsy and traveller sites in the area (Appeal A only).
  • The accommodation needs of the occupiers and their personal circumstances (Appeal A only).
  • The weight to be given to other identified considerations.
  • Planning and Green Belt balance.

What decided it

The unresolved conflict with the Habitats Regulations, arising because the submitted Unilateral Undertaking failed to secure the mitigation needed to rule out adverse effects on the integrity of the Chiltern Beechwoods SAC, meant permission could not be granted regardless of the Green Belt balance.

Even if the significant weight given to unmet pitch need, lack of alternative sites and personal circumstances clearly outweighed the substantial Green Belt harm and moderate harm to character and appearance, the appeal could not succeed because of the unresolved conflict with the Habitats Regulations affecting the SAC.

Framework references: 154

Plan policies cited: Policy H7, Policy EE5, Policy EE3

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.