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Allowed18 September 20253366436

35 Gosmoor Lane , Elm, Wisbech, Cambridgeshire, PE14 0AH

Planning appeal 3366436 at 35 Gosmoor Lane , Elm, Wisbech, Cambridgeshire, PE14 0AH (Fenland District Council) was allowed on 18 September 2025 by Inspector Price J, by written representations. The main issue, as the Inspector framed it: Whether the pre-commencement biodiversity gain plan condition was reasonable and necessary in the circumstances.

Change of use of land for use as a private hire dog park, involving the erection of a field shelter and a 1.8m high boundary fence

Authority
Fenland District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
leisure-sport · Other minor developments
Inspector
Price J
Postcode
PE14 0AH

Main issues, as the Inspector framed them

  • Whether the pre-commencement biodiversity gain plan condition was reasonable and necessary in the circumstances

What decided it

The condition failed the test of necessity and reasonableness because the Council did not engage with the applicant's claimed de minimis exemption, imposed the condition without required prior written agreement, and the statutory biodiversity gain condition already applies to secure compliance.

What the Inspector cited

National Planning Policy Framework
Paragraph 57

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.

See how each was applied

The decision letter

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More decisions in Fenland

The authority’s record since 2016 · every decision in 2025

  1. Dismissed22 October 20266014701
    3 Oakley Close, Wisbech, PE13 2JZ
  2. Dismissed6 October 20266011868
    Land off Fen Road, Newton-in-the-isle, Wisbech, PE13 5HT
  3. Allowed1 October 20266002677
    Land East of Halfpenny Lane, Wisbech, PE14 0DQ
  4. Allowed25 September 20266008859
    Land South of The Elms, Chatteris, PE16 6JN
  5. Dismissed23 September 20266011235
    Land East Of 132 Cock Bank, Turves, PE7 2HN

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.