Appeal 6002100
Public case and site metadata stored from the official casework database, including fields that were empty in the source release.
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Official decision document
The decision, section by section
6 sections
Read the development description and the Inspector’s text from the official decision PDF in source order. Source headings are retained where available. Personal and contact details are removed by an automated privacy filter; this is source material, not Rules for You analysis.
Section 01
Development description
prior approval for a two storey roof extension to form 36 apartments.
Section 02
Decision
The appeal is dismissed.
Section 03
Applications for costs
An application for costs was made by [name] of Mercury Lake Limited against [site address] City Council. This application is subject to a separate decision.
Additionally, an application for costs was made by [site address] City Council against [name] of Mercury Lake Limited. This application is subject to a separate decision.
Section 04
[name]
I have used the description of development contained within the Council’s decision notice for clarity.
Section 05
Procedural Matters
Schedule 2, Part 20, Class AA of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (the GPDO) permits the construction of up to two additional storeys of new dwellinghouses immediately above the topmost storey on a detached building. For development to be permitted it must satisfy the limitations set out at paragraph AA.1 and the conditions at AA.2. The conditions at AA.2 require developers to apply to the local planning authority for their prior approval in relation to a number of specified matters, set out at subparagraphs ‘a to l’.
[name].1(za) of Part 20 states that development is not permitted by Class AA if the permission to use the building as a dwellinghouse has been granted only by virtue of Class MA of Part 3 of Schedule 2. The evidence before me indicates that a prior approval pursuant to Class MA was previously granted to change the first and second floors of the appeal building to residential flats1. 1 PLN/2024/2384
Based on the evidence before me the appellant has not begun the implementation of the approved Class MA scheme. The appellant outlines that they would agree to a condition which would prevent the occupation of any residential dwelling until the office use of the existing building has ceased and the prior approval PLN/2024/2384 has been implemented.
[name].1(za) of Part 20 applies as soon as a Class MA prior approval exists, regardless of whether the MA change of use has been implemented. Consequently, the proposed Class AA development would not be permitted development, because the permission to use the building as a dwellinghouse would be “granted only by virtue of Class MA.”
As a result, the Class AA right cannot be exercised first and then followed by implementation of Class MA, the presence of the Class MA approval itself removes the Class AA permitted development entitlement.
It therefore follows, that the proposed condition by the appellant would not overcome the statutory prohibition. Conditions cannot be used to modify or sidestep limitations outlined in the GPDO, and the permitted development restriction applies at the point the developer seeks to rely on Class AA of Part 20, Schedule 2 of the GPDO.
As a result, and irrespective of whether the proposal would accord with the other conditions and limitations imposed by the GPDO, the appeal must be dismissed and prior approval refused.
Section 06
Conclusion
For the reasons given above the appeal should be dismissed.
Planning inspector and document dates
The official casework attribution is grouped under a one-way keyed hash and shown only by its local identifier. Decision-letter dates and page references are extracted by fixed first-page rules and checked against that authoritative record.
Costs Decision
- Extracted inspector · page 1
- Inspector attribution ID 4725No official casework-database value to compare
- Extracted decision date · page 1
- 17 March 2026Matches the official casework database
- Extracted site visit dates
- 24 February 2026 (page 1)
Costs Decision
- Extracted inspector · page 1
- Inspector attribution ID 4725No official casework-database value to compare
- Extracted decision date · page 1
- 17 March 2026Matches the official casework database
- Extracted site visit dates
- 24 February 2026 (page 1)
Appeal Decision
- Extracted inspector · page 1
- Inspector attribution ID 4725No official casework-database value to compare
- Extracted decision date · page 1
- 17 March 2026Matches the official casework database
- Extracted site visit dates
- 24 February 2026 (page 1)
Reference and authority
Official identifiers and the planning authority recorded against this case.
- Case reference
- 6002100
- Application reference
- PLN/2025/1985
- Lead case reference
- Not recorded
- Planning authority
- Milton Keynes Council
- Planning authority code
- E06000042
Casework details
The casework, procedure, development and linking details supplied by the official record.
- Casework type
- Planning Appeal
- Procedure
- Written Representations
- Development type
- Major dwellings
- Appeal type reason
- Not recorded
- Appeal reason
- refused
- Type detail
- Prior Approval
- Jurisdiction
- No Jurisdiction Associated
- Link status
- Not recorded
Site and development
Published appeal-site measurements and planning designations, without the withheld precise location fields.
- Site area
- 0 hectares
- Floor space
- 4,000 m²
- Number of residences
- 36
- Site in Green Belt
- No
- Agricultural holding
- No
- Affects setting of a listed building
- Yes
- Historic building grant made
- Not recorded
- Relates to a conservation area
- Not recorded
- Flooding is an issue
- Not recorded
- Site within an AONB
- No
- Site within an SSSI
- Not recorded
Decision and dates
The published outcome and every imported case date.
- Official decision
- Dismissed
- Decision category
- Dismissed
- Received date
- 1 December 2025
- Valid date
- 1 December 2025
- Start date
- 12 December 2025
- Planning authority decision date
- 18 November 2025
- Appeal decision date
- 17 March 2026
Case administration
Published recovery, call-in, costs and enforcement information for this case.
- Redetermined
- Yes
- Bespoke
- Not recorded
- Date recovered
- Not recorded
- Date not recovered or derecovered
- Not recorded
- Call-in date
- Not recorded
- Costs applied for
- Yes
- Enforcement grounds count
- Not recorded
- Enforcement grounds
- Not recorded
Source and catalogue history
When this record appeared in the rolling official release and when the catalogue stored it.
- Source
- Planning Inspectorate casework database
- Source data system
- Back Office-s78
- Dataset status
- Current release
- Catalogue record ID
- 86033
- First seen
- 20 August 2026 at 14:25
- Last seen
- 20 August 2026 at 16:29
- Removed from release
- Not recorded
- Record created
- 20 August 2026 at 14:25
- Record updated
- 20 August 2026 at 16:29