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Planning appeal decision

Notice varied and upheld3 May 20223247864

42 Portland Drive, Willen, MILTON KEYNES, MK15 9JP

Amends to Dwelling”

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

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.

Framework references: 126, 134, 8, 124

Plan policies cited: Policy D1, Policy D2, Policy D3, Policy D5, Policy FR1, Policy FR2

Judgments cited: 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)

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.