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Planning appeal decision

Notice varied and upheld10 December 20243289543

Brook End Nurseries, Brook End, North Crawley, NEWPORT PAGNELL, Buckinghamshire, MK16 9HH

Authority
Milton Keynes Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Fagan N

Main issues, as the Inspector framed them

  • Whether the site is situated in an accessible location to necessary facilities for residents.
  • Whether the residential use of the site harms the character or appearance of the area, including its effect on the local landscape and its rural open character.
  • Whether the development results in the loss of best and most versatile agricultural land (BMV).
  • Whether the development would put residents, including children, at a serious risk of flooding and whether flood risk would be increased to nearby land and property.
  • Whether the development has resulted in an irreversible net loss of biodiversity and if so whether this is capable of being compensated for on- or off-site.
  • Whether the development has resulted in harm to protected species and their habitat (Great Crested Newts and bats) and if so whether this is capable of being compensated for.
  • If there is identified harm by reference to any of the above issues, whether other material considerations, either in the case of each individual pitch or the site as a whole, would outweigh such harm.

What decided it

The serious and increasing risk of flooding to the site, which the Inspector found to lie in Flood Zone 3 where Highly Vulnerable residential caravan use should not be permitted.

The considerable harm from flood risk and uncompensated biodiversity/protected species harm outweighed the substantial benefits of meeting unmet gypsy/traveller pitch need and the occupiers' personal circumstances, so permission was refused.

Framework references: 165, 168, 169, 170, 171

Plan policies cited: Policy HN11, Policy DS5, Policy NE7, Policy FR1, Policy FR2, Policy FR3, Policy NE2, Policy NE3, Policy NE6

Judgments cited: Lisa Smith judgement

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.