Paul G Tucker QC and Stephanie Hall were instructed for the Appellant by Howes Percival LLP and DLP Planning to appear at a major inquiry in relation to a proposed employment site including warehousing and distribution floorspace in Milton Keynes.

The Appeal site was allocated for employment and distribution uses within the Local Plan, however, the Council refused the scheme for three reasons including (1) impact on below ground archaeology, (2) impact on priority habitat and (3) failure to secure necessary infrastructure. Negotiations between the main parties remained ongoing during the appeal which eventually resulted in a slightly re-designed scheme and the Council agreeing to withdraw all reasons for refusal, showing the importance of continued dialogue.

Third parties continued to object to the scheme and the Inspector therefore went on to determine the appeal in full. Overall, Inspector Prentis agreed with the Appellant’s case that the proposals accorded with relevant policy and would deliver an important strategic employment allocation together with significant economic benefits.

The case is particularly interesting as an example of a refusal on an allocated site and due to the nature of the heritage assets in play. The archaeological field work as part of the application uncovered new evidence of Roman-era settlement along the edge of Watling Street.

View the appeal decision here.

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