Land West of 44/46/48/50 Randall Drive, 6/7/9/11/13/15 Gomez Close and 25/27/29, Keel Way, Oxley Park, Milton Keynes, MK4 4SZ

Planning appeal 3263233 at Land West of 44/46/48/50 Randall Drive, 6/7/9/11/13/15 Gomez Close and 25/27/29, Keel Way, Oxley Park, Milton Keynes, MK4 4SZ (Milton Keynes Council) was decided (quashed on legal grounds) on 23 July 2021 by Inspector Willows P, by written representations. The main issue, as the Inspector framed it: Whether, at the time the enforcement notice was issued on 15 October 2020, the use of the land as private garden amenity space had continued for a 10-year period such that enforcement action was time-barred under section 171B of the Town and Country Planning Act 1990.

Unauthorised change of use of allocated public open space to private amenity garden land

Authority: Milton Keynes Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: other · Change of use
Inspector: Willows P

Main issues, as the Inspector framed them

Whether, at the time the enforcement notice was issued on 15 October 2020, the use of the land as private garden amenity space had continued for a 10-year period such that enforcement action was time-barred under section 171B of the Town and Country Planning Act 1990

What decided it

The appellant's evidence, considered as a whole, was sufficiently clear, consistent and precise to establish on the balance of probability that the use of the land as private garden amenity space had commenced and continued for a 10-year period before the enforcement notice was issued, making enforcement action time-barred under section 171B.

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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.