AC-2025-LON-000036 - [2025] EWHC 2701 (Admin)

Fecha: 21-Oct-2025

HHJ KAREN WALDEN-SMITH SITTING AS A JUDGE OF THE HIGH COURT

HHJ KAREN WALDEN-SMITH SITTING AS A JUDGE OF THE HIGH COURT :

Introduction

By this Application, the Applicant, Mr Miles Connors, seeks permission to appeal pursuant to the provisions of section 289 of the Town and Country Planning Act 1990 (TCPA 1990) the decision of the Inspector appointed by the First Respondent, the Secretary of State, dated 10th December 2024 (the ‘Inspector’s decision’). The Applicant had challenged the Enforcement Notice issued by Milton Keynes City Council, the Second Respondent, (“the Council”) on 9 December 2021 in respect of the site known as former Brook End Nurseries at Brook End, Crawley, Newport Pagnell, Buckinghamshire, MK16 9HH (“the Site”).

The breach of planning control alleged in the Enforcement Notice was that:

Without planning permission, the unauthorised change of use of the site for the stationing of mobile homes and caravans for human habitation.

ii)

Without planning permission, the unauthorised operational development in the form of the laying of tarmac and hard surfaces within the site.

iii)

Without planning permission, the erection of a close board fence and concrete posts to the southern boundary of the site that are over 1 metre in height and adjacent to the highway.

iv)

Without planning permission, the removal of in excess of 45 metres (approximately) of hedgerow along the southern boundary of the site (between points A and B on the Plan).

Without planning permission, the installation of a septic tank and waste pipes to the eastern side of the site; and vi) Without planning permission, the installation of wooden poles (approximately 1.5 metres in height) for the purposes of electrical lighting along the eastern boundary of the site (south to north).

The requirements of the Notice were to:

Cease the use of the Land for the stationing of mobile homes and caravans and for human habitation.

Remove all the mobile homes and touring caravans from the Land.

Remove the tarmac and all other hard surfaces from the Land.

Remove the close boarded fence over 1 metre in height and concrete posts adjacent to the highway from the Land so that it measures no more than 1 metre in height.

Remove the septic tank and associated waste pipes from the Land.

Remove the wooden poles (approximately 1.5 metre in height) for the purposes of electrical lighting from the Land; and

Plant a native mixed species hedgerow between points A and B on the Plan, comprising 50% Hawthorn (Crataegus monogyna) and 50% made up of Blackthorn (Prunus spinosa), Field rose (Rosa arvensis), Field Maple (Acer campestre), Hazel (Corylus avellana) and Cherry plum (Prunus cerasifera) within the first available planting season (November to April) after complying with requirement (d) above.

The period for compliance with the requirements in the Notice was three months after the date the notice took effect.

The Enforcement Notice referred to a number of policies as being relevant to its decision to issue it, including “Policy FR1: Managing Flood Risk”. The Enforcement Notice was accompanied by a document entitled “The reasons for issuing a notice”, which provided as follows:

“The unauthorised development has resulted in the change of permeable areas to impermeable areas in an area at high risk of surface water and river water flooding, and the insertion of a septic tank with associated drainage may present flooding issues and contamination of the water environment at this location. The site has not been tested under a site-specific flood risk assessment, nor passed the sequential (and exception) tests contrary to Policies FR1, FR2, FR3 & NE6 of Plan: MK.”