TOWN AND COUNTRY PLANNING ACT 1990 APPEAL UNDER SECTION 174
CBC Enforcement number: CB/EN/21/0221
Site Address: Meadowside, Limbersey Lane, Maulden, Bedford, MK45 2EA
Alleged breach: Without planning permission, the erection of brick walls and wooden gates along the front of the property boundary.
Appellant’s name: Mr Hock Tek Choo
Appeal reference: APP/P0240/C/24/3344699
Appeal start date: 05 September 2024
The enforcement notice was issued for the following reasons:
(1) It appears to the Council that the breach of planning control has occurred within the last four years.
(2) The unauthorised development exceeds the permitted development allowances under Schedule 2 Part 2 Class A of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).
(3) A retrospective planning application (ref. CB/21/02744/FULL) for the unauthorised
development was refused on 13th September 2022 because the development results in the use of a substandard access which makes no provision for adequate driver/driver inter visibility and results in conditions of danger and inconvenience to users of the highway and the property.
(4) The unauthorised development is therefore considered contrary to Chapter 9 (Promoting sustainable transport) of the National Planning Policy Framework and Policy T2 (Highways Safety and Design) of the Central Bedfordshire Local Plan 2015-2035.
The enforcement notice requires the following steps to be taken:
(1) Demolish the brick walls and wooden gates in the approximate location shown in green on the attached Location Plan; OR
(2) Lower the height of the brick walls and wooden gates in the approximate location shown in green on the attached Location Plan so that no part of them exceed one metre in height above ground level.
The appellant has appealed against the notice on the following grounds:
The Appeal should proceed on Grounds (f) and (c) 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, Temple Quay House, 2 The Square, Bristol, BS1 6PN,
All representations must be received by 17 October 2024. 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/24/3344699.
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/21/0221 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.