The site the subject of the seminal decision by Holgate J in Woodcock Holdings v SSCLG has finally had planning permission granted by the Secretary of State on the third determination.
An application made in 2012 was refused by Mid Sussex DC, although at appeal, following cross-examination, MSDC withdrew its objections. A year later, the Secretary of State refused permission by reference to neighbourhood plan impact, the decision then quashed by Holgate J who found that NPPF para. 49 applies to neighbourhood plans and that para. 198 gives no special status to them. On re-determination, the Secretary of State again refused permission, a decision that was quashed by Consent Order. The inquiry was re-opened in May 2017. Perhaps despairing of MSDC having an up-to-date plan anytime soon, permission was finally granted on 7th Dec 2017.
Christopher Boyle QC acted for the applicants, Woodcock Holdings, throughout.