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Inquiry – APP/Y0435/C/25/3371623 – 196 Windsor Street, Wolverton, Milton Keynes, MK12 5DR

The appeal is made by the appellant Javaid Iqbal against an enforcement notice issued by the Council on 24th July 2025.  

The council's enforcement reference is 21/00576/ENF. The Planning Inspectorate's appeal reference is APP/Y0435/C/25/3371623. 

The start date for the inquiry is 5th September 2025.  The timeline of the appeal process is set out in the Start Letter. It will take place over one days, at a location to be determined at a later date. A notification letter has been circulated to interested parties; this and all previous correspondence sent by the Council can be found in the document library for this appeal.

More information

The Enforcement Notice was served on 24th July 2025 in respect of the following breaches of planning control:  

  1. The unauthorised second-floor extension and additional windows Identified edged red on drawing number 196WS/21/100 Rev.A of the refused application. 
  2. The unauthorised dormers at the rear elevation of the property and additional windows, identified edged orange on drawing number 196WS/21/100 Rev.A of the refused application. 
  3. The unauthorised second floor extension at the side elevation of the property and dormers, Identified edged yellow on drawing number 196WS/21/100 Rev.A of the refused application. 

The council considers these as acts of development which are not immune from enforcement action, and sets out requirements to rectify the breaches of planning control. These are set out in the enforcement notice.  

The council contends that the development would conflict with several policies of Plan:MK and national planning policy as set out in the National Planning Policy Framework.  

The appellant Javaid Iqbal is appealing against the enforcement notice served by the Council. 

The Planning Inspectorate has confirmed a valid appeal has been received and it will be handled by an inquiry.  It has appointed an inspector, A Hardwood CMS MSc MRTPI  to determine this. The inquiry will open at  10:00am on 7th January 2026 and be held in person, at a location to be confirmed at a later date.. 

The appeal is made on the following grounds, as specified under legislation:  

Ground (d) – that, at the time the enforcement notice was issued, it was too late to take enforcement action against the matters stated in the notice 

Further guidance is available here Procedural Guide: Enforcement notice appeals.  

Planning appeals are managed and determined by the Planning Inspectorate, on behalf of the Secretary of State for the Ministry of Housing, Communities and Local Government. The Inspectorate will appoint an independent Inspector to consider the evidence presented by the appellant, the Council and interested parties, and provide a decision (or recommendation to the Secretary of State if the matter is called in by them). 

The appeal process lets the Planning Inspectorate consider all the material planning considerations that are relevant to the case, and from all parties, including from the local planning authority, the applicant and from those who might have made representations. 

There is a strict process and timeframe for the submission and processing of appeals. 

The appeal process starts with the opportunity for interested parties to submit written representations to the Inspector.  

Comments previously made by interested parties will be taken into account by the Inspectorate. It is not necessary to submit comments again unless it is felt necessary to amend, supplement or withdraw them. 

The council, in its capacity as the local planning authority, will prepare a Statement of Case and all witnesses will prepare a Proof of Evidence, all to be submitted to the Inspector, and will be uploaded to the document library. 

Should interested parties wish to be involved in a formal capacity during the inquiry itself, then they should give consideration to applying  for formal ‘Rule 6’ status. Any Rule 6 party must be able to present written and oral evidence to the inquiry and bear the costs of doing so. They should be prepared to examine the evidence put forward by others involved and enter into a Statement of Common Ground if requested to do so. The timescales specified by the Inspector must be followed. Statement of Common Ground if requested to do so. The timescales specified by the Inspector must be followed. 

Four weeks before the inquiry opens, the appellant, council and any Rule 6 party must provide their evidence upon which they base their arguments, and agreed Statements of Common Ground. Further written submissions are not normally accepted after this date. 

When the inquiry opens, the Inspector will determine the manner in which evidence is to be heard. A site visit will usually follow the hearing of evidence, although no evidence or opinion will be heard during the visit. The Inspector will then normally issue their written decision in a specified timeframe, either dismissing the appeal or allowing the appeal. The decision will be published on the Inspectorate's website and a copy of the decision will be kept on the local planning authority's planning register. 

The main parties in this inquiry are the appellant and the local planning authority. 

It is unknown how many local residents and other people with an interest will wish to appear at the event, but the inspector has made clear that they must be accommodated. 

Further guidance is available here Guide for interested parties taking part in enforcement appeals and lawful development certificate appeals proceeding by Inquiry   

If you want to take an active part but feel unable to for any reason, or the points you want to make are not covered in the evidence of others, consider whether someone else could raise them on your behalf. 

The appeal documents will be available for inspection on the local planning authority's planning register

The inspector will carry out an unaccompanied site visit before the hearing and a site visit after the hearing. The post-hearing site visit will be part accompanied and part unaccompanied. The main parties will submit, before the hearing opens, a list of private properties to be visited accompanied and a list of places to visit unaccompanied. 

The decision on the appeal will be published on the Inspectorate's website. A copy of the decision will be kept on the local planning authority's planning register