Appeal lodged with Planning Inspectorate

23rd February 2009 – Appeal validated by Planning Inspectorate

Four weeks before the Inquiry opens (15th September 2009)

Detailed Proofs of Evidence from expert witnesses must be received by the Inspector four weeks before the Inquiry begins.

13th October 2009 –The Public Inquiry opened

23rd December 2009 – The Public Inquiry was formally closed at 5.15pm. The two planning Inspectors will now review all the evidence again before making a recommendation to the Secretary of State.

1st April 2010 – Anticipated date for the Planning Inspectors’ report to be sent to the Secretary of |State

The formal Inquiry will last 24 days i.e.6 weeks. After the Inquiry the Inspector will write the decision or send a report to the Secretary of State. As this Inquiry will last longer than one or two days the Inspectorate cannot guarantee that the decision will be written within the seven week usual target period.
As the Secretary of State is making the decision, it may take longer.

Challenge to the Appeal decision
An Appeal decision can only be challenged on legal grounds in the High Court. To be successful, one would have to show that:

If the challenge is successful, the High Court will overturn the original Appeal decision and return the case to the Planning Inspectorate, which will look at it again. This does not necessarily mean that the original decision will be reversed. The Inspectorate may come to the same decision, but for different reasons.
If the decision is taken to challenge the Appeal decision, application must be made to the High Court within six weeks of the date of the Appeal decision.

After the Appeal
Please note that anyone can apply to MBC for planning permission for the same site after the Inspector’s decision has been issued.