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Planning appeal decision

Dismissed29 October 20253359647

The Boat Shop, Mentmore Road , Linslade Leighton Buzzard , LU7 2AE

erection of a dwelling house following the demolition of building with extant permission to convert to dwelling house (revised scheme CB/20/02907 /FULL)” without complying with conditions attached to planning permission reference CB/21/00523/FULL, dated 11 May 2021

Authority
Central Bedfordshire
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Catcheside E

Main issues, as the Inspector framed them

  • the effect of the development on the integrity of the Chiltern Beechwoods Special Area of Conservation (CBSAC)
  • whether conditions 2, 4, 5, 6, 7, 8, 9, 14, 16, 17, and 22 benefit from deemed consent
  • the effect of the proposed variations to conditions 2, 4, 5, 6, 7, 8, 9, 14, 16, 17, and 22, having regard to conclusions on deemed consent, relevant development plan policies, and other relevant considerations

What decided it

The development would cause harm to the integrity of the Chiltern Beechwoods Special Area of Conservation through increased recreational pressure, with no mitigation secured, which provides a strong reason for refusal that outweighs the positive weight of housing delivery.

The benefits of housing delivery were outweighed by the significant harm to the integrity of the CBSAC and conflicts with development plan policies, such that the presumption in favour of sustainable development did not apply.

Framework references: 11, 110

Plan policies cited: Policy HQ1, Policy T2, Policy CC8, Policy T1

Judgments cited: R v Flintshire ex parte Somerfield Stores [1998] PLCR 336

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.