Planning appeal decision
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.
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