Case 3305271

Area of Grass Verge, Shirwell Crescent, Bletchley, Milton Keynes, Buckinghamshire, MK4 1LU

Milton Keynes Council — appeal dismissed

Outcome
Dismissed
Decision date
30 May 2023
Authority
Milton Keynes Council
Inspector
Guest H
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor retail and services
Appellant
CK Hutchison Networks (UK) Ltd
LPA reference
22/01388/PRIOR
ONS LPA code
E06000042
Jurisdiction
Transferred
Link status
Not Linked
Start date
10 January 2023

Summary AI

The appeal was dismissed due to non-compliance with paragraph A.3. (1) of Schedule 2, Part 16, Class A of the GPDO. The proposal would not be permitted under Schedule 2, Part 16, Class A of the GPDO.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

Area of Grass Verge, Shirwell Crescent, Bletchley, Milton Keynes, Buckinghamshire, MK4 1LU — Milton Keynes Council — Appeal Decision Site visit made on 8 March 2023 by Hannah Guest BSc (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 30 May 2023 Appeal Ref: APP/Y0435/W/22/3305271 Shirwell Crescent, Milton Keynes MK4 1LU • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant approval required under Schedule 2, Part 16, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015. • The appeal is made by CK Hutchison Networks (UK) Ltd against the decision of Milton Keynes Council. • The application Ref 22/01388/PRIOR, dated 26 May 2022, was refused by notice dated 21 July 2022. • The development proposed is installation of H3G Phase 8 high street pole c/w wrap- around cabinet and 3 further additional equipment cabinets. Decision 1. The appeal is dismissed. Procedural Matters 2. Paragraph A.3.

Page 1 · Chunk 1 Appeal Decision

Area of Grass Verge, Shirwell Crescent, Bletchley, Milton Keynes, Buckinghamshire, MK4 1LU — Milton Keynes Council — Appeal Decision (1) of Schedule 2, Part 16, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO) requires the developer, before making an application for prior approval to the local planning authority, to give notice of the proposed development to any person (other than the developer) who is an owner of the land to which the development relates. 3. As part of the appeal, the appellant has provided a copy of the notice given to Milton Keynes Council Planning Services and Highways Department as an owner of the land to which the development relates. However, the letter providing notice is dated 27 May 2022 and, although the evidence before me shows the application for prior approval to have been received and validated by the Council on 27 May 2022, this is only a screenshot from the Council’s website and not any documentary evidence as such. The application form is dated 26 May 2022, as stated in the banner heading above. This is also confirmed as the date of the application on the appeal form. 4. The proposal would, therefore, not comply with paragraph A.3. (1) of Schedule 2, Part 16, Class A of the GPDO.

Page 1 · Chunk 2 Appeal Decision

Area of Grass Verge, Shirwell Crescent, Bletchley, Milton Keynes, Buckinghamshire, MK4 1LU — Milton Keynes Council — Appeal Decision Subsequently, there is no scope for the proposed development to be permitted under Schedule 2, Part 16, Class A of the GPDO and I am unable to grant prior approval. Conclusion 5. The appeal is therefore dismissed.

Page 1 · Chunk 3 Hannah Guest

Area of Grass Verge, Shirwell Crescent, Bletchley, Milton Keynes, Buckinghamshire, MK4 1LU — Milton Keynes Council — Hannah Guest INSPECTOR https://www.gov.uk/planning-inspectorate

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Planning obligations
Against appellant
¶2

The developer failed to give proper notice to the land owner, contrary to paragraph A.3. (1) of Schedule 2, Part 16, Class A of the GPDO.

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 1 pages, issued by the Planning Inspectorate on 30 May 2023 under the Open Government Licence.