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Notice varied and upheld3 May 20223247864

42 Portland Drive, Willen, Milton Keynes, MK15 9JP

Planning appeal 3247864 at 42 Portland Drive, Willen, Milton Keynes, MK15 9JP (Milton Keynes Council) was allowed in part (a split decision) on 3 May 2022 by Inspector Ord E, following an inquiry. The main issue, as the Inspector framed it: The impact of the as built dwelling on the character and appearance of the street-scene and immediate locality.

Amends to Dwelling”

Authority
Milton Keynes Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Minor Dwellings
Inspector
Ord E
Postcode
MK15 9JP

Main issues, as the Inspector framed them

  • The impact of the as built dwelling on the character and appearance of the street-scene and immediate locality
  • The impact of the as built dwelling on the living conditions of neighbouring properties
  • For the hardstanding driveway, the effect on drainage

What decided it

The excessive bulk and massing of the as-built roof and enlarged first floor section, causing unacceptable harm to the street-scene character and to neighbours' outlook and living conditions.

Local support for retaining the dwelling as built did not outweigh the identified harm to character, appearance and neighbours' living conditions.

What the Inspector cited

Development plan policies
Policy D1Policy D2Policy D3Policy D5Policy FR1Policy FR2
National Planning Policy Framework
Paragraph 126Paragraph 134Paragraph 8Paragraph 124
Judgments
Commercial Land Limited v Secretary of State for Transport, Local Government and the Regions and the Royal Borough of Kensington & Chelsea [2002] EWHC 124 (Admin); Green v Secretary of State for Communities and Local Government [2013] EWHC 3980 (Admin); Silver v (1) Secretary of State for Communities & Local Government (2) The London Borough of Camden [241] EWHC 2729 (Admin)

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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More decisions in Milton Keynes Council

The authority’s record since 2016 · every decision in 2022

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  2. Notice varied and upheld9 July 20263365515
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  4. Dismissed7 May 20263372531
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  5. Notice varied and upheld28 April 20263345154
    50 Wolverton Road, Haversham, Milton Keynes, MK19 7AA

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.