Land off Markyate Road, Slip End, Luton, LU1 4DG
Central Bedfordshire — appeal invalid
- Outcome
- Invalid
- Decision date
- 23 October 2025
- Authority
- Central Bedfordshire
- Inspector
- Ellis D
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Unknown
- Development type
- Other minor developments
- Appellant
- Nex Space Limited
- LPA reference
- CB/24/01927/FULL
- ONS LPA code
- E06000056
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 9 April 2025
Summary AI
The appeal was dismissed due to invalidity, as the application lacked a comprehensive design and access statement addressing site access.
PDF text
Land off Markyate Road, Slip End, Luton, LU1 4DG — Central Bedfordshire — Appeal Decision Site visit made on 22 July 2025 by D Ellis MPlan MRTPI an Inspector appointed by the Secretary of State Decision date: 23rd October 2025 Appeal Ref: APP/P0240/W/25/3363527 Land off Markyate Road, Slip End, Luton LU1 4DG • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Mr Qun Ma of Nex Space Limited against the decision of Central Bedfordshire Council. • The application Ref is CB/24/01927/FULL. • The development proposed is amenity structure and erection of 4no. greenhouses for horticultural purposes. Decision 1. I decline to determine the appeal and propose to take no further action. Procedural Matters 2. The appellant and the Council were invited to provide their views on the validity of the appeal. I have taken their comments into consideration. Reasons 3. The power to grant planning permission is contained in section 70(1) of the Town and Country Planning Act 1990 (as amended) (the Act), whilst Article 7 of The Town and Country Planning (Development Management Procedure) (England) Order 2015 (DMPO) specifies the general requirements relevant to applications for planning permission. 4.
Land off Markyate Road, Slip End, Luton, LU1 4DG — Central Bedfordshire — Appeal Decision The proposal meets the definition of ‘major development’ as set out in the DMPO and therefore Article 9 (Design and Access Statements) of the DMPO is relevant. 5. Article 9(2)(b) states that an application for planning permission must be accompanied by a design and access statement which includes “...how issues relating to access to the development have been dealt with.” 6. Article 9(3)(c) states that a design and access statement must “…explain the policy adopted as to access, and how policies relating to access in relevant local development documents have been taken into account.” 7. Whilst the appeal was accompanied by a document entitled Planning, Design and Access Statement (June 2024), this document does not mention the access to the site and as such it fails to comply with Articles 9(2)(b) and 9(3)(c) of the DMPO. The appellant’s comments regarding the validity of the appeal are also silent on this matter. It is also noted that the description of development, as set out on the Planning Application form, does not include any reference to access or egress and https://www.gov.uk/planning-inspectorate
Land off Markyate Road, Slip End, Luton, LU1 4DG — Central Bedfordshire — Appeal Decision Appeal Decision APP/P0240/W/25/3363527 clearly answers no to the question concerning whether a new or altered vehicular access is proposed to or from the public highway. Conclusion 8. Section 79(6) of the Act provides that if, before or during the determination of an appeal, the Secretary of State forms the opinion that planning permission for that development could not have been granted by the local planning authority, he may decline to determine the appeal. 9. For the reasons given above, I conclude the appeal to be invalid. I am therefore not in a position to progress matters and so proceed to consider the planning merits of the case. Accordingly, I decline to determine the appeal and propose to take no further action.
Land off Markyate Road, Slip End, Luton, LU1 4DG — Central Bedfordshire — D Ellis INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Planning obligations Against appellant ¶7
The design and access statement failed to mention site access, as required by the DMPO.
External appearance Against appellant ¶7
The description of development on the planning application form did not mention access or egress.
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 23 October 2025 under the Open Government Licence.