Purpose

Background:
On the 20 October 2023, a planning application was submitted to
Milton Keynes City Council (MKCC) in relation to The Point, 602
Midsummer Boulevard, Milton Keynes, MK9 3NB, for demolition of all
existing vacant entertainment complex buildings and redevelopment
to provide flexible Class E leisure/retail uses upper and lower
ground level), up to 487 apartments (Build to Rent and private)
over the upper floors (up to 21 storeys with a floor to floor
height of 3m plus a crown structure), re-cladding of the existing
car park with class E/F.2/sui generis leisure uses (bar, outdoor
sports and cinema) at roof top level, landscaped public realm,
amenity space, cycle parking and associated access and servicing
provision in accordance with the terms with the application
reference number 23/02265/FUL.

On 18 July 2025, the Council’s Planning Committee resolved to
refuse the application and on 21 August 2025 the applicant appealed
the decision.

The appeal was determined via public inquiry and the Secretary of
State issued a decision notice on 8 July 2025 granting
permission.

The Secretary of State then issued an updated appeal decision on 24
July 2025, following the identification of a drafting error
relating to multiple mentions of ‘Queens Square’ which
has now been corrected to ‘Queens Court’.

MKCC as planning authority has considered whether or not to
challenge the decision of the Secretary of State and this report
records the decision of the Director of Law and Governance not to
pursue a legal challenge.

Reason for Decision:

It is not considered that the Council has substantive grounds on
which to pursue a legal challenge.

The Council has received categorical legal advice not to pursue a
challenge.

Content

That a legal challenge is not pursued in
respect of the grant of permission at appeal, of application
23/02265/FUL, The Point, 602 Midsummer Boulevard, Milton Keynes,
MK9 3NB.

Alternative options considered

The Council has investigated the possibility
of a legal challenge against the Inspector’s decision, but in
the absence of substantive grounds of challenge, the Council is
unable launch a legal challenge. There is no alternative action the
Council could consider in this instance.