Planning appeal decision
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.
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