Newmarket development - the facts
25 Apr 2008
  • Forest Heath District Council is not at fault in this issue and has issued a strong rebuttal to recent misinformed letters in the Newmarket Journal. The council's letter was published in the Journal on 24 April.
  • The council objected to the development in Bury Road, Newmarket, on the grounds of: inadequate landscaped setting of the four buildings; loss of trees; risk of damage to surviving trees; lack of contribution to education, given the impact that the development would have on local schools.
  • The developers, knowing the council was intending to refuse the application, lodged an appeal with the Planning Inspectorate - rather than wait for the committee decision in early July 2006. Forest Heath District Council engaged a barrister and three expert witnesses and fought hard at the appeal to have the application rejected. But the Planning Inspectorate took a different view, and his decision stands, whether or not the Council agrees with it.
  • The only opportunity to challenge an appeal decision is on a legal or procedural error apparent in the decision and there are none in this case.
  • The Planning Inspectorate permitted a large number of trees on the site to be removed, but two further trees, not subject to a Tree Preservation Order, were removed by the developer without approval. The council has secured a commitment to additional replacement planting which will be enforced.
  • There have been meetings and correspondence between the council and the action group. This factual information above has been given to the group on a number of occasions.
  • This decision to approve the development is from the Planning Inspectorate – the central government agency which determines planning appeals. FHDC remains very disappointed and frustrated with the decision having put significant effort into the application and appeals process.
Forest Heath DC
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Forest Heath District Council
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College Heath Road
Mildenhall
Suffolk IP28 7EY
Tel: +44(0)1638 719000
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01284 763252