Hollington Wood, Newport Pagnell Road, Emberton, Buckinghamshire, MK46 5JH

Planning appeal 3298181 at Hollington Wood, Newport Pagnell Road, Emberton, Buckinghamshire, MK46 5JH (Milton Keynes Council) was decided (invalid) on 9 June 2023 by Inspector Walker A, following a hearing. The main issue, as the Inspector framed it: Whether the enforcement notice is a nullity by reason of ambiguity and uncertainty in the description of the alleged breach and the requirements of the notice.

without planning permission, the unauthorised change of use of part of the land and operational development comprising of the following: 1. Unauthorised change of use of Hollington Wood. 2. Unauthorised use of timber extraction area as a car park. 3. The erection of objects and structures within the site to facilitate the unauthorised use of the land

Authority: Milton Keynes Council
Appeal type: enforcement · Enforcement Notice
Procedure: Hearing
Development: leisure-sport · Change of use
Inspector: Walker A
Postcode: MK46 5JH

Main issues, as the Inspector framed them

Whether the enforcement notice is a nullity by reason of ambiguity and uncertainty in the description of the alleged breach and the requirements of the notice

What decided it

The notice was found to be hopelessly ambiguous and uncertain as to the breach alleged and the steps required, making it a nullity under the Miller-Mead test.

What the Inspector cited

Development plan policies: Policy DS1 of Plan:MK 2016-2031 (2019)
Judgments: Miller-Mead v MHLG [1963] 2 WLR 225

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.

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The decision letter

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More decisions in Milton Keynes Council

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

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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.