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

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

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.

Plan policies cited: Policy DS1 of Plan:MK 2016-2031 (2019)

Judgments cited: Miller-Mead v MHLG [1963] 2 WLR 225

Read the decision letter on the Inspectorate’s site

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.

What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

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