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Notice varied and upheld10 December 20243289543

Brook End Nurseries, Brook End, North Crawley, Newport Pagnell, Buckinghamshire, MK16 9HH

Planning appeal 3289543 at Brook End Nurseries, Brook End, North Crawley, Newport Pagnell, Buckinghamshire, MK16 9HH (Milton Keynes Council) was allowed in part (a split decision) on 10 December 2024 by Inspector Fagan N, following an inquiry. The main issue, as the Inspector framed it: Whether the site is situated in an accessible location to necessary facilities for residents.

Unauthorised change of use of the site to the stationing of mobile homes and caravans for human habitation, together with associated operational development (hardstanding, close-boarded fence, septic tank and waste pipes, and lighting poles)

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Fagan N
Postcode
MK16 9HH

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.

What the Inspector cited

Development plan policies
Policy HN11Policy DS5Policy NE7Policy FR1Policy FR2Policy FR3Policy NE2Policy NE3Policy NE6
National Planning Policy Framework
Paragraph 165Paragraph 168Paragraph 169Paragraph 170Paragraph 171
Judgments
Lisa Smith judgement

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 2024

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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.

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