The Secretary of State today issued his decision on a recovered s. 78 appeal concerning a housing development in Woburn Sands, Milton Keynes.
The long delay between the inquiry (held 9-11 December 2014, with the Inspector’s Report dated 31 March 2014 and the planning application itself made in March 2014) and the decision was said to be as a result of the coming into force of the pooling provisions in reg. 123(3) of the CIL Regulations. This was apparently the first decision in which this provision has been considered by the Secretary of State as opposed to by Inspectors. The relevant discussion is at paras. 23 – 26 of the decision letter which is attached.
James Maurici QC appeared for the successful appellant, instructed by David Lock Associates.