I believe Tuesday 8th March 2011 (10.00 am) is scheduled for consideration of the Nocton Dairy planning applications 10/1397/FUL and 10/1522/FUL.
This is when the Planning Officer will present his report to the full Planning Committee of North Kesteven District Council.
The District Councillors sitting on the Planning Committee will usually follow the recommendation of their Planning Officer in reaching their decision, but this cannot always be guaranteed. It will be a toss up between approval or refusal.
My understanding is, if no decision is made before the major application Determination Date for this application (11th March), the applicant has the right of appeal to Secretary of State on the grounds of 'non-determination'. The application is then deemed as a refusal and the local authority can no longer make a decision on the application.
Appeals
The applicant can appeal to the Planning Inspectorate where the:
- Application has been refused
- Application is granted, but is subject to conditions which are felt to be inappropriate
- Application is not decided within the time allowed (the Determination date described above)
Calling In
In exceptional circumstances an application may be 'Called In' for a decision by the Secretary of State. With these cases a public enquiry will be held. However, this is rare and only about 150 applications in a year get called in - this may prove to be even less now with a Government who are promoting localism and the 'Big Society'.
Judicial Review
Finally, there is also an outside possibility that a 'Judicial Review' will be requested, but this only applies where maladministration is suspected:
So... the clock is ticking for Nocton Dairies
There still appears to be outstanding information being requested from the applicants in order for consultees to fully understand the complicated plans. Even if this is submitted it may prompt further questions and detail following a review of the extra data, only then will their submissions to NKDC be finalised.
With only 45 days remaining to Planning Committee, even less before the Planning Report is to be in final draft, I believe NKDC will shortly need to draw a line in the sand for Nocton Dairies!
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