Introduction
Two separate appeals have been made against an enforcement notice served by the Council.
One appeal, made by Special Ops HQ, has the appeal reference APP/Y0435/C/22/3297869. The other, made by Mr Philip Solt, has the appeal reference APP/Y0435/C/22/3298181. Both appeals share the same Milton Keynes City Council reference number which is 21/00249/COMPCH. It is the Planning Inspectorate's intention to hear both appeals at the same hearing as they relate to the same site.
The cases were originally to be determined by way of written representations but it has now been agreed with all parties that the Planning Inspectorate will hold a hearing. This will open at 10am on Thursday 27th April 2023 and will be held in Suite 1.02, Civic Building, Saxon Gate East, Central Milton Keynes, MK9 3EJ. The hearing is expected to last for one day and is open to the public. Copies of the notification letters sent to interested parties, including instructions on how to submit comments to the Planning Inspectorate for consideration, can be viewed here (Special Ops HQ appeal) and here (Mr Solt appeal). Comments must be received by the Inspectorate no later than the 28th February 2023.
What is the position of the Council on the appeal?
The Enforcement Notice was served in April 2022 in respect of the following alleged breaches of planning control:
- Unauthorised change of use of Hollington Wood.
- Unauthorised use of timber extraction area as a carpark.
- The erection of objects and structures within the site to facilitate the unauthorised use of the land.
The Council considers these as acts of development which are not immune from enforcement action. The enforcement notice sets out the requirements to rectify the breaches of planning control including the immediate cessation of all activities which fall outside of the scope of the presently permitted use of the site (notwithstanding or exceeding the parameters as defined within the General Permitted Development Order (2105) [as amended]); and the removal of all structures and objects from the site that relate to use outside the scope of the presently permitted use of the site.
The Council contends that the development conflicts with several policies of Plan:MK and associated supplementary planning documents (SPDs); and also with several sections of the National Planning Policy Framework (NPPF).
Why has an appeal been made?
The appeal by Special Ops HQ is lodged on the following grounds, as specified in section 174(2) of the Town and Country Planning Act 1990:
(c) That there has not been a breach of planning control (for example because permission has already been granted, or it is ‘permitted development’)
The appeal by Mr Philip Solt is lodged on the following grounds:
(c) That there has not been a breach of planning control (for example because permission has already been granted, or it is ‘permitted development’);
(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.
(f) The steps required to comply with the requirements of the notice are excessive, and lesser steps would overcome the objections.
What is the role of the Planning Inspectorate?
Planning appeals are managed and determined by the Planning Inspectorate, on behalf of the Secretary of State for the Department for Levelling Up, Housing and Communities. 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).
What is the enforcement appeal process?
The enforcement appeal process starts with the opportunity for interested parties to submit written representations to the Inspector. The Council is required to notify occupiers of properties near the appeal site and any other persons who, in their opinion, are affected by the breach of planning control. Interested persons should submit their representations to the Inspectorate by 28th February 2023 through the Planning Inspectorate’s website.
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.
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.
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 and upholding the Notice (refusing permission) or allow the appeal and quashing the notice (granting permission for the development or finding that it is immune from enforcement action). The decision will be published on the Inspectorate’s website.
If you need to know more about the procedure, you can contact the Inspectorate’s case officer, Becky Gray, by email at teame2@planninginspectorate.gov.uk or by leaving a telephone message on 0303 444 5000.
Where can I view the appeal documents?
The appeal documents are available for inspection here. This library has been created so that it can be added to as the appeal proceeds and relevant deadlines are reached. It will also contain the ‘Core Documents’ – a library of relevant and shared documents, such as planning policy and technical studies relevant to the site.