Deed of easement should have been “dealt with at outline planning stage”
The Stables has been notified by Milton Keynes Council that the appeal by Abbey Homes against the decision by the Council to impose a deed of easement condition on the western part of the development site next to The Stables has been granted.
The Government Planning Inspector has decided in favour of Abbey Homes on the grounds that the decision to impose the deed of easement should have been dealt with at outline planning stage, not at the later reserved matters stage. He further judged that the western part of the site was sufficiently far from The Stables that noise would not be an issue for future residents.
Monica Ferguson, chief executive & artistic director of The Stables said:
“The salami slicing of the site by Abbey Homes appears to have satisfied the Planning Inspector that the deed of easement was not required on this part of the site and that it was not lawful to impose such a deed at this stage in the planning process.
“We hope and expect that Milton Keynes Council will consult their barrister on the merits of a statutory challenge to the Inspector’s decision. We are concerned that whilst this decision stands, it will affect not only the threat from the western homes but also the approach by Abbey Homes to mitigating noise imposed on the eastern part of the site which is closest to The Stables.
“The approval of the western half of the site still requires acoustic fencing along the boundary with The Stables in order to protect The Stables and we trust that the Council will require the highest standards when approving this fencing.”