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Willen Residents Group STATEMENT OF CASE By Rule 6 Party: Willen Residents Group Linked enforcement and planning appeals under Sections 78 and 174(2) of the Town and Country Planning Act 1990 (as amended) Site: 42 Portland Drive, Willen, Milton Keynes, MK15 9JP Appeal Start Date: 21 November 2019 Document Date: December 2019 PINS Refs: APP/Y0435/C/19/3228594 APP/Y0435/W/19/3236883 LPA Refs: 18/00283/COMPCH 19/00124/FUL Contents 1. Introduction ………………..………………………………………………….…..………… 3 2. The Appeal Site ..………………………………………………....………………………… 4 3. Relevant Planning History………………………………………………................... 6 4. Enforcement History……………..……………………………………….................... 6 5. Deviations from the Approved Scheme …….…..………………………………. 7 6. Drawings and Plans.…………………………………………………....………………… 9 7. Ground (a) Appeal and the Planning Appeal (Section 78)……………….. 9 8. Relevant Planning Policies……………………………………………...………....….. 10 9. Principle of Development……..………………………………..……………………… 12 10. Character and Appearance……..……………………………………………..………. 13 11. Residential Amenity……..……………………………………………..…………………. 14 12. Other Material Considerations……..……………………………………………….. 16 13. Ground (f) Appeal……..……………………………………………..……………………. 22 14. Ground (g) Appeal……..……………………………………………..………………….. 22 15. Summary and Conclusions……..……………………………………………..………. 23 16. Case Law List……..………………………………………………..………………………… 24 17. List of Documents and Other Information……..………………………………. 25 Statement of Case 42 Portland Drive, Willen 1. Introduction 1.1 This Statement of Case is submitted by the Willen Residents Group (“WRG”) pursuant to Rule 6(6) of The Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2002 for two linked appeals for 42 Portland Drive in Willen, Milton Keynes (“the appeal site”). 1.2 The lead case is an enforcement appeal under grounds (a), (f) and (g) of Section 174(2) of the Town and Country Planning Act 1990 (PINS Ref: APP/Y0435/C/19/3228594) against an enforcement notice served on the appellant on 25 April 2019 (“the enforcement appeal”). 1.3 The linked case is a planning appeal under Section 78 of the Town and Country Planning Act 1990 (PINS Ref: APP/Y0435/W/19/3236883) against the LPA’s refusal of a part retrospective, part proposed planning application (“the planning appeal”). 1.4 WRG was formed specifically for the purpose of providing a collective response to these appeals by a large number of residents who live in Willen, including residents who live adjacent to the appeal site. 1.5 WRG support Milton Keynes Council’s (“the LPA”) position that the dwelling as currently constructed represents an unacceptable breach of planning control that causes significant planning harm. WRG also support the LPA’s refusal of the planning application which forms the current planning appeal. 1.6 However, there is substantial disagreement between the LPA and the WRG over the enforcement notice. Firstly, it is contended that the enforcement notice has not been worded with accuracy and acumen. Secondly, it is contended that the requirements of the enforcement notice do not remedy the planning harm. Thirdly, it is contended that there is material conflict with the requirements of the enforcement notice and the refusal of the application which forms the planning appeal. 1.7 The issues with the wording of the enforcement notice, as well as additional procedural points in relation to the appeals, will be addressed separately in a statement on preliminary matters to be dealt with at the inquiry. Rule 6 Party - Willen Residents Group 3 Statement of Case 42 Portland Drive, Willen 2. The Appeal Site 2.1 The appeal site is located in Willen, a village located in the north east of the urban area of Milton Keynes. Figure 1 - Aerial photograph of the site location 2.2 The original Willen Village can be identified as early as 1086 in the Domesday Survey under Caldecote, which was part of the neighbouring parish of Newport Pagnell. 2.3 As a small farming village, Willen was one of the ancient villages of Buckinghamshire to be designated in 1967 as part of the new city of Milton Keynes. Rule 6 Party - Willen Residents Group 4 Statement of Case 42 Portland Drive, Willen 2.4 The modern Willen was formed largely in the mid to late 1980s by the Milton Keynes Development Corporation (“MKDC”) creating a new village around the original village. 2.5 Elements of the original village of Willen still remain today and they are protected within the conservation area. There are a number of sites of special interest in the original village. The most noticeable is the church of St Mary Magdalene which was built in the 1680s by Robert Hooke. 2.6 The appeal site is at a prominent location, visible from the large roundabout on Millington Gate which is one of the main entrances to Willen and continues towards the original village and the start of the conservation area. 2.7 On the northern side of Portland Drive, opposite the appeal site, there are a large number of semi-detached dwellings. Most of these dwellings have been constructed with two different brick colours to create a distinct identity and visual interest. 2.8 On the southern side of Portland Drive adjacent to the appeal site, there are number of high-quality dwellings that were constructed in the late 1980s under the MKDC’s self-build scheme for Willen. 2.9 There are five adjoining dwellings to the appeal site; one on Portland Drive, three on Linford Lane and one on Millington Gate. 2.10 On Portland Drive, the adjoining dwelling is a single-storey bungalow. On Linford Lane, there are two chalet bungalows and one single-storey bungalow adjoining the appeal site. On Millington Gate, there is a two-storey dwelling that adjoins the appeal site. 2.11 The MKDC original design guide also highlighted that the plot was in a sensitive location: Plots 18-25 are in a sensitive area adjacent to Willen Village, between the priory and the playing fields. Extra care will be required at design stage to ensure the buildings are compatible with the high quality of the area as a whole and are suitable for a village location.1 1 Paragraph 2 of the MKDC’s Building Plots for Sale - Design Requirements Rule 6 Party - Willen Residents Group 5 Statement of Case 42 Portland Drive, Willen 3. Relevant Planning History 3.1 The planning history of the appeal site primarily consists of applications submitted by the appellant since it was purchased in September 2017. 3.2 The appeal site was originally sold as a freehold plot of land on 27 October 1988 by the MKDC as part of their self-build scheme for Willen. 3.3 The original specification of the MKDC was that the appeal site was one of four adjoining plots (known as plots 20-23 in the prospectus) that were designated single storey developments. Planning permission was subsequently granted for a single storey bungalow by the MKDC under the New Towns Act 1981. 3.4 The appellant’s agent submitted a householder planning application (LPA Ref: 17/01502/FUL) on 1 June 2017 extend and redevelop the existing bungalow, with a description proposal of ‘Bungalow extension and redevelopment including new upper floor’. This application was withdrawn on 24 July 2017 as the appellant’s agent stated that it “it is looking like a refusal”. 3.5 A new full application (LPA Ref: 17/02142/FUL) was submitted by the appellant’s agent on 7 August 2017 with a description proposal of the ‘Demolition of existing bungalow and construction of two storey dwelling’. Planning permission was subsequently granted on 13 November 2017 (“the extant permission”). 3.6 On 5 January 2018, the appellant’s agents submitted an application for approval of details reserved by condition (LPA Ref: 18/00031/DISCON). This application related to Condition 3 of the extant permission (LPA Ref: 17/02142/FUL) for the external materials and this application was approved on 26 January 2018. 3.7 On 18 January 2019, the appellant’s agents submitted a retrospective application (LPA Ref: 19/00124/FUL). This application was unanimously refused by the LPA’s Development Control Committee on 4 July 2019 and the decision notice for refusal was issued on 29 July 2019. 4. Enforcement History 4.1 During the early stages of construction of the dwelling in March 2018, there were complaints by residents that they believed the development was not in accordance with the approved plans. These concerns were also shared by the Rule 6 Party - Willen Residents Group 6 Statement of Case 42 Portland Drive, Willen LPA’s Building Control Officers and it is understood that a complaint was raised with Planning Enforcement. 4.2 As the construction progressed in the summer of 2018, it became increasingly apparent that there were material deviations from the approved plans. There was a substantial amount of steelwork being used in the construction of the dwelling up to roof level and it was quite clear the height and pitch of the roof were not in accordance with the approved plans. 4.3 The LPA formally confirmed a breach of control at the dwelling in early December 2018 and on 24 December 2018, they requested that the appellant submit a retrospective application to regularise the entire works. 4.4 The appellant’s agent submitted a retrospective application on 18 January 2019 and it was validated on 25 January 2019. The application was then invalidated by the LPA due to inaccurate drawings on or around 31 January 2019. 4.5 After the invalidation of the retrospective application, the LPA stated that they would proceed with enforcement action to require the main roof and rear single- storey element to be built in accordance with the approved plans. 4.6 The LPA served an enforcement notice with the above requirements on the appellant on 25 April 2019. This notice, which is subject to this appeal, was appealed with the Planning Inspectorate on 13 May 2019.
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