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Allowed20 May 20266005524

Former Hazelwoods Foods Ltd Site, Dallas Road, Bedford, MK42 9EL

Planning appeal 6005524 at Former Hazelwoods Foods Ltd Site, Dallas Road, Bedford, MK42 9EL (Bedford Borough Council) was allowed on 20 May 2026 by Inspector Bennett T, by written representations. The main issue, as the Inspector framed it: Whether the proposal falls within the scope of an application made under Section 73 of the Town and Country Planning Act 1990.

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
Postcode
MK42 9EL

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.

What the Inspector cited

Development plan policies
Policy 28Policy 30Policy 37Policy 59
Judgments
Mikael Armstrong v SSLUHC v Cornwall Council [2023] EWHC 142; Test Valley Borough Council v Chaia Fiske [2024] EWCA Civ 1541

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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The authority’s record since 2016 · every decision in 2026

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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.