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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

Planning appeal 3331077 at Land at the Rear of Home Farm, Dunstable Road, Tilsworth, Leighton Buzzard, LU7 9PU (Central Bedfordshire) was allowed in part (a split decision) on 13 August 2024 by Inspector Thomas N, following a hearing. The main issue, as the Inspector framed it: Whether the development is inappropriate development in the Green Belt.

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

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Thomas N
Postcode
LU7 9PU

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.

What the Inspector cited

Development plan policies
Policy H7Policy EE5Policy EE3
National Planning Policy Framework
Paragraph 154

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 2024

  1. Dismissed15 September 20266007334
    Hillcrest, Chalton, Luton, LU4 9UB
  2. Allowed4 September 20266007202
    2 Park Farm, Park Road, Westoning, MK45 5LA
  3. Dismissed7 August 20266007254
    Wheatsheaf Barn, Mount Pleasant, Aspley Guise, MK178JZ
  4. Notice varied and upheld4 August 20263363264
    10 Knolls View, Totternhoe, Dunstable, LU6 2BT
  5. Notice upheld21 July 20263367816
    109 Clophill Road, Maulden, Bedford, Bedfordshire, MK45 2AD

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.