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Planning appeal decision

Invalid21 March 20233290738

83 Stratford Road, Wolverton, Milton Keynes, MK12 5LU

Planning appeal 3290738 at 83 Stratford Road, Wolverton, Milton Keynes, MK12 5LU (Milton Keynes Council) was decided (invalid) on 21 March 2023 by Inspector Thompson F, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice complies with section 173(10) of the Town and Country Planning Act 1990 and the Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002 in specifying reasons why the local planning authority considered it expedient to issue the notice.

without planning permission, the unauthorised change of use of part of the building and operational development comprising of the following: i) Part change of use of the ground floor into a mixed use as self-contained flat and Class E Commercial use ii) Unauthorised subdivision of the first floor to two self-contained flats. iii) The installation of a rear external staircase has not been built in accordance with the approved plans as per planning permission 20/01678/FUL, drawing ref: 0320-SK-01 and; iv) The unauthorised removal of chimney and installation of skylights to rear roof slope

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Thompson F
Postcode
MK12 5LU

Main issues, as the Inspector framed them

  • Whether the enforcement notice complies with section 173(10) of the Town and Country Planning Act 1990 and the Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002 in specifying reasons why the local planning authority considered it expedient to issue the notice

What decided it

The enforcement notice failed to specify the reasons why the local planning authority considered it expedient to issue the notice, rendering it a nullity with no legal effect.

The decision letter

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More decisions in Milton Keynes Council

The authority’s record since 2016 · every decision in 2023

  1. Notice varied and upheld9 July 20263365515
    Land at Flat 7, Heath Court, Lower End Road, Glebe Farm , Milton Keynes, MK17 8XS
  2. Planning permission granted9 July 20263355968
    Unit Nine, 9 Bridgeturn Avenue, Old Wolverton, Milton Keynes, MK12 5QL
  3. Notice varied and upheld28 April 20263345154
    50 Wolverton Road, Haversham, Milton Keynes, MK19 7AA
  4. Planning permission granted9 March 20263373393
    Land West of High Street, Opposite Gun Lane,, Sherington, Milton Keynes, Bedfordshire, MK16 9PE
  5. Notice varied and upheld2 March 20263341572
    1 Mendelssohn Grove, Browns Wood, Milton Keynes, MK7 8DH

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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