A council has been set an ultimatum by the applicants of a controversial planning scheme to build two warehouses.
An appeal will be submitted to the Secretary of State on the grounds of non-determination if Three Rivers District Council fails to make a final decision on the Maple Cross plans by November 19.
At a meeting on October 21, the council's planning committee voted to defer the warehouse plans in order to seek an independent expert's view on how piling the development site could affect groundwater.
The deferral was made even though Liberal Democrat councillors were aware a failure to make a firm decision opened up the opportunity of an appeal.
That's because the statutory determination period for this application has been exceeded - the application should have been determined by June 4, according to the planning portal.
Applicants have rights to appeal a decision if it is not determined within the statutory time period, taking any decision out of the local authority's hands.
In an email to members of the council on October 26, planning agent Tim Sturgess said: "The application has already exceeded statutory determination period. Given the time and cost that has gone into both the previous and current applications, our client is not minded to continue to let this matter run without any further commitment of a resolution by the council.
"Further, we see no reason why it should take any significant amount of time to secure an independent view if the council wishes.
"We are prepared to hold off lodging an appeal on the council's failure to determine the application until November 19. If no satisfactory outcome is achieved by that date our client will have no option other than to appeal against the council's failure to determine the application."
The email, which has been published in the portal, was addressed to chief executive Joanne Wagstaffe, leader Sarah Nelmes, planning committee chairman Steve Drury, planning officer Claire Westwood, head of regulatory services Kimberley Rowley and director of community and environmental services Geof Muggeridge.
The planning committee is next scheduled to meet on November 18; the day before the applicants say they will lodge an appeal. It is unknown at this stage whether the council intends to re-assess the plans at the November 18 meeting.
Cllr Sara Bedford, who proposed to defer, indicated in the October meeting the applicants would have appealed if the council had refused the scheme.
Mr Sturgess, of Avison & Young, also wrote that his client was "disappointed" by the deferral and can "see no reason" why an independent expert needs to be commissioned. He said Affinity Water had withdrawn its objection to the scheme following his client's "significant engagement and co-operation" with the water supplier to address concerns relating to public water supply and Maple Lodge Nature Reserve.
Related: Decision to build two warehouses deferred by council
The plans would see two warehouses constructed on green fields in Maple Cross. The land has been allocated by the council for employment but environmentalists and residents who live close by are campaigning to stop the development.
They are concerned about the impact on water, noise, the threat to a rare forester moth, and traffic. One resident nearly left the meeting on October 21 in tears.
The applicants say the warehouses will create around 600 direct and indirect jobs.
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereLast Updated:
Report this comment Cancel