The Communities and Local Government Secretary of State for communities and local government, Sajid Javid, will make the final decision on the out-of-town Tollgate Village application.

A planning inspector will hold a hearing on January 10 at Colchester’s Town Hall.

However, the inspector will simply make a recommendation to the Mr Javid, who is likely to make a decision next summer.

Daniel Watts and Jayne Gee, directors of applicants the Tollgate Partnership, said: “This is not unexpected, but it will further delay the much-needed investment and 1,000 jobs Tollgate Village will bring.

“We are confident the inspector’s recommendation to the Secretary of State will fully reflect the phenomenal support for Tollgate Village from across our growing borough.

“It is now essential everyone who supports the facilities, infrastructure improvements, investment and job creation that Tollgate Village will bring, logs their comments on the Colchester Council website, even if they have commented on the plans before.”

The reason the application has been referred to the Communities and Local Government Secretary is because it involves town centre uses of more than 9,000 square metres of floor space in an out-of-centre location, which is not in accordance with the council’s development plan.

The Tollgate Village appeal comes as Colchester Council continues to pursue sports facilities at the out-of-town Northern Gateway development. They include a 1.6km bike race circuit, a BMX track, rugby facilities and a cricket base.

The council says the Northern Gateway development differs from Tollgate Village because it is not a shop-led scheme.

Colchester Council also announced yesterday it would not be challenging a planning inspector’s decision to allow restaurants at Stane Park, in Stanway, to go ahead.

Dominic Graham, (Lib Dem) councillor responsible for sustainability, said: “The inspector acknowledged the status of the Local Plan and that it continues to be the appropriate basis for decision-making in the borough.

“Costs against the council were not sought by the appellants.”