The council’s planning application reference is 23/00550/FUL. The Planning Inspectorate’s appeal reference is APP/Y0435/W/24/3338221. 

The timeline of the appeal process is set out in the Appeal Start Letter, with the number of sitting days amended to take place over 2 days (with 2 further reserve days if required) and will be held in the Margaret Powell Suite at Margaret Powell House. 

A notification letter has been circulated to interested parties, and this and all previous correspondence sent by the Council can be found in the core document library for this appeal. A Site Notice will be display by the Appellant at least 14 days before the inquiry starts, as requested by the Inspector.

What is the position of the council on the application?

The council refused the application for the reasons set out in the Decision notice.

The Council’s position has since been updated, withdrawing from defending the reasons for refusal. The most up to date position and reasons for the Council’s withdrawal are set out within the Council’s Statement of Case and the Statement of Common Ground which has been agreed with the Appellant.  This statement outlines the main subjects for discussion which will help narrow the key considerations at the Inquiry and, importantly, will inform the evidence presented by the Appellant.

Why has an appeal been made?

Platform_MK Sarl is appealing the decision made by the council.

The Planning Inspectorate has confirmed a valid appeal has been received and it will be handled by public inquiry.  It has appointed an inspector, Claire Searson MSc PGDip Bsc (Hons) MRTPI IHBC, a chartered town planner to determine this.  The public inquiry will open on 18th June 2024.

Further guidance on appeals, and how to get involved, are available from the GOV.UK website. 

What is the role of the Planning Inspectorate?

Planning appeals are managed and determined by the Planning Inspectorate, on behalf of the Secretary of State for the Department for Levelling Up, Housing and Communities. The Inspectorate has appointed an independent Inspector to consider the evidence presented by the appellant, and provide a decision. 

What is the appeal process?

The appeal process lets the Planning Inspectorate consider all the material planning considerations that are relevant to the case, and from all parties, including from the local planning authority, the applicant and from those who might have made representations on the application.

There is a strict process and timeframe for the submission and processing of appeals.

The appeal process starts with the opportunity for interested parties to submit written representations to the Inspector. The council is required to notify all those notified of the original application and those that have shown an interest in providing representations. 

Comments previously made by interested parties will be taken into account by the Inspectorate. It is not necessary to submit comments again unless it is felt necessary to amend, supplement or withdraw them.

The council, in its capacity as the local planning authority, will prepare a Statement of Case and all witnesses will prepare a Proof of Evidence, all to be submitted to the Inspector, and will be uploaded to the document library. 

Should interested parties wish to be involved in a formal capacity during the inquiry itself, then they should give consideration to applying for formal ‘Rule 6’ status. Any Rule 6 party must be able to present written and oral evidence to the inquiry and bear the costs of doing so. They should be prepared to examine the evidence put forward by others involved and enter into a Statement of Common Ground if requested to do so. The timescales specified by the Inspector must be followed. Statement of Common Ground if requested to do so. The timescales specified by the Inspector must be followed. 

Four weeks before the inquiry opens, the appellant, council and any Rule 6 party must provide their evidence, upon which they base their arguments, and agreed Statements of Common Ground. Further written submissions are not normally accepted after this date. 

When the inquiry opens, the Inspector will determine the manner in which evidence is to be heard. A site visit will usually follow the hearing of evidence, although no evidence or opinion will be heard during the visit. The Inspector will then normally issue their written decision in a specified timeframe, either dismissing the appeal or allow the appeal. The decision will be published on the Inspectorate’s website. 

If you need to know more about the procedure, you can contact the Inspectorate’s case officer, Tim Slater, by email at Tim.Slater.oo@planninginspectorate.gov.uk or by leaving a telephone message on 0303 444 5000. 

Who are the main parties?

The main party in this inquiry is the appellant (formerly the applicant), with the local planning authority attending in an assisting capacity only. 

Observing and taking part in the inquiry

It is unknown how many local residents and other people with an interest will wish to appear at the event, but the inspector has made clear that they must be accommodated.

A copy of the 'Guide to taking part in planning appeals proceeding by inquiry' can be found on the GOV.UK website

Where and how will the inquiry take place?

At Margaret Powell Suite, Margaret Powell House, 423 Midsummer Boulevard, Milton Keynes, MK9 3BN. 

What if I feel unable to take part?

If you want to take an active part but feel unable to for any reason, or the points you want to make are not covered in the evidence of others, consider whether someone else could raise them on your behalf.

Where can I view the appeal documents?

The appeal documents will be available for inspection within the Core Documents Library.

Will the inspector visit the site?

The inspector will carry out an unaccompanied site visit before the inquiry and a site visit after the inquiry. The post-inquiry site visit will be part accompanied and part unaccompanied. The main parties will submit, before the inquiry opens, a list of private properties to be visited accompanied and a list of places to visit unaccompanied.

Where will the decision be published?

The decision on the appeal will be published on the Planning Inspectorate’s Appeal Casework Portal. A copy of the decision will be kept on the local planning authority’s statutory register.