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Newmarket development - the
facts |
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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.
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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.
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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.
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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.
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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.
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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.
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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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