CBC Enforcement number: CB/EN/23/0169
Site Address: Land at 109 Clophill Road, Maulden, Bedford, MK45 2AD
Alleged breach: Without planning permission, the material change of use of the land from public house to a mixed use of ground floor farm/convenience shop and commercial vehicle sales to rear.
Appellant’s name: Mr Mian Sohail Iqbal
Appeal reference: APP/P0240/C/25/3367816
Appeal start date: 08 July 2025
TOWN AND COUNTRY PLANNING ACT 1990 APPEAL UNDER SECTION 174
CBC refer to the above details. An appeal has been made to the Secretary of State against an enforcement notice issued by Central Bedfordshire Council on 21 May 2025 .
The enforcement notice was issued for the following reasons:
It appears to the Council that the above breach of planning control has occurred within the past 10 years.
The unauthorised development does not benefit from permitted development rights and requires the benefit of planning consent.
Retrospective planning application (CB/23/03249/FULL) for the change of use was refused in December 2023 for the following reasons.
1) The proposal would result in the unacceptable loss of a community facility, and there has been an absence of robust justification and evidence to justify that loss. It has not been demonstrated that the facility no longer serves the community, that it is surplus to requirement, that there is a lack of need for any other community service, or an appetite for a local store. Furthermore, it has not been shown that the facility is no longer viable, and that all reasonable efforts have been made to market the facility. The proposed development would therefore be contrary to Policies R2 and HQ3 of the Central Bedfordshire Local Plan (2021), Policies M13 and M14 of the Maulden Neighbourhood Plan (Reg 16) and Para 88 of the National Planning Policy Framework (2023).
2) The proposed development would result in an intensification of the site, due to the increase of hardstanding, the parking of vehicles and provision of security gates, and the loss of soft landscaping, which would have a harmful urbanising impact and would be detrimental to the character and appearance of the surrounding area, contrary to Policies EE5 and HQ1 of the Central Bedfordshire Local Plan (2021) and Policy M3 of the Maulden Neighbourhood Plan (Reg 16).
3) Insufficient information has also been provided to demonstrate that parking levels would be adequate for the proposed development and that there would be sufficient turning space within the site to ensure that vehicles would be able to enter and exit the site in a forward gear, in conflict with Policies T2 and T3 of the Central Bedfordshire Local Plan (2021).
An appeal against the refusal of planning was subsequently submitted (APP/P0240/W/24/3339821) and dismissed by the Planning Inspectorate on the 13th of January 2025. The inspector determined the following:
With regard to the Protection of Community Facilities at paragraph 19 the inspector concluded “Drawing my findings together, I conclude that the proposed development fails to comply with local planning policies which seek to protect existing community facilities, having regard to need, viability and marketing. In that regard it would conflict with the specific requirements under Policies HQ3 and R2 of the LP. For the same reasons it would also conflict with Policies M13 and M14 of the NP.
With regard to the Character and Appearance at Paragraph 23 the inspector noted that “In conclusion, the proposal would harm the character and appearance of the surrounding area. It would not respect the distinctiveness of the local landscape and area, contrary to Policy EE5 of the LP and would not relate well to the existing local distinctiveness, both built and natural, contrary to
Policy HQ1 of the LP. It would also not respect the local vernacular of the area, contrary to Policy M3 of the NP”
With regard Highway Safety at paragraph 29 the inspector stated “In conclusion, the proposed parking and access arrangement has the potential to have a harmful effect on highway and pedestrian safety. In that regard it would conflict with the highway safety requirements of Policy T2 of the LP. It also fails to pay due regard to the relevant car parking standards, contrary to Policy T3 of the LP.”
For these reasons, the development is considered contrary to Policies T2, T3, R2 EE2 HQ1 and HQ3 of the Central Bedfordshire Local Plan (2021), Policies M3, M13 and M14 of the Maulden Neighbourhood Plan (Reg16) and Para 88 of the National Planning Policy Framework (2024)
The Council does not consider conditions could be applied to overcome the harm highlighted above.
The enforcement notice requires the following steps to be taken:
1. Cease the use of the land for the commercial sale of vehicles.
2. Remove from the Land all vehicles associated with the commercial sales use. 3. Cease the use of the land for a convenience / farm shop.
The appellant has appealed against the notice on the following grounds:
The appeal should proceed on Grounds (a) and (g) as set out at Section 174(2) of the 1990 Act.
The appeal will be determined on the basis of written representations. The procedure to be followed is set out in the Town and Country Planning (Enforcement) (Written Representations Procedure) (England) Regulations 2002.
If you wish to make comments, you can do so online at https://acp.planninginspectorate.gov.uk. If you do not have access to the internet, you can send your comments to: The Planning Inspectorate, Room 3B Eagle Wing, Temple Quay House, 2 The Square, Bristol, BS1 6PN
All representations must be received by 19 August 2025. Any representations submitted after the deadline will not usually be considered and will be returned. The Planning Inspectorate does not acknowledge representations. All representations must quote the appeal reference APP/P0240/C/25/3367816.
Please note that any representations you submit to the Planning Inspectorate will be copied to the appellant and this local planning authority and will be considered by the Inspector when determining the appeal.
If you submit comments and then subsequently wish to withdraw them, you should make this request to the Planning Inspectorate by the date above.
The appeal documents are available on CBC’s website: https://cbc.aifusion.io/planning/publicSearch.html
Enter the full CBC Enforcement number CB/EN/23/0169 as shown above in the ‘Search by Case Number’ box.
You can get a copy of one of the Planning Inspectorate’s “Guide to taking part in enforcement appeals” booklets free of charge from GOV.UK at https://www.gov.uk/government/collections/taking-part-in-a-planning-listed-building-or-enforcement-appeal.
When made, the decision will be published online at https://acp.planninginspectorate.gov.uk.