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Application under Section 288 of the Town and Country Planning Act to Challenge Decision of Inspector at Nun Wood Inquiry – CO/12654/2011 |
Dear All,
Application under Section 288 of the Town and Country Planning Act to Challenge Decision of Inspector at Nun Wood Inquiry – CO/12654/2011
As you are no doubt aware the Planning Inspectorate found in favour of the Appellant RWE Npower Renewables Limited at the Public Inquiry into the Nun Wood Wind Farm.
Milton Keynes (“MK”) has decided to challenge this decision through a Judicial Review (“JR”) and an application for JR was issued by MK on 23rd December. Bedford Borough declined to join with MK in its application for JR as did Wellingborough Council.
The application by MK was made in respect of the decision of the Inspector on 15th November 2011. However, on the date the application was made (23rd December), the Planning Inspectorate issued a new decision letter. Whilst the corrected decision purports only to amend typographical errors, it nevertheless represents a decision recorded and accordingly, MK has agreed with the Secretary of State’s lawyers that the deadline for filing and serving an amended Claim Form and supporting evidence for their reconsidered application be extended to 3rd February 2012 (6 weeks from the date of the corrected decision). MK will serve its amended claim form and supporting evidence by the 3rd February 2012.
A large number of residents of the villages in the Ward have raised concerns about this development in the past and were most disappointed by the Appeal result. The North Bedfordshire residents therefore have a bit more time, if they are so minded, to lobby Bedford Borough to change its mind and agree to support MK. If the cost is shared between parties (MK, Bedford and Wellingborough) it is more likely that MK will allow the application to run its course.
I have asked the Mayor and CEO in light of the above to reconsider their decision not to join with MK and they have agreed that this should be reported to the Planning Committee at its next meeting on 30th January. The decision whether to support MK in its application will now be decided by the Members of that Committee. I wanted to ensure that you were aware of the current situation so that you could take whatever steps you feel are necessary and appropriate in relation to this matter.
Kind regards.
Alison Foster
Borough Councillor
Harold Ward
Last changed: Jan 15 2012 at 8:46 PM
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