®Planning appeal decision
Former Hazelwoods Foods Ltd Site, Dallas Road, Bedford, MK42 9EL
full planning permission consisting of 341 dwellings (Use Class C3) to include townhouses, duplexes and apartments in a series of separate buildings varying from 3 to 7 storeys, with associated car parking, servicing and plant, on site open space, pedestrian and vehicle access, landscaping and all associated works, including variation of approved condition 1, attached to 19/02247/MAF, to allow for removal of residential units from the top storey (7th storey) of Block C, with them being added to Block A (to create a 6th storey) without complying with 1 condition attached to planning permission Ref 25/00849/M73, dated 26 September 2025
- Authority
- Bedford Borough Council
- Appeal type
- major · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Major dwellings
- Inspector
- Bennett T
Main issues, as the Inspector framed them
- Whether the proposal falls within the scope of an application made under Section 73 of the Town and Country Planning Act 1990
What decided it
The proposal to vary condition 1 and substitute new plans incorporating substantial modifications to Block A falls within the scope of Section 73 because the operative part of the permission (341 dwellings in buildings of 3-7 storeys) remains unchanged, and caselaw establishes there is no requirement for changes under Section 73 to be minor.
Plan policies cited: Policy 28, Policy 30, Policy 37, Policy 59
Judgments cited: Mikael Armstrong v SSLUHC v Cornwall Council [2023] EWHC 142; Test Valley Borough Council v Chaia Fiske [2024] EWCA Civ 1541
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.