CALA Homes has launched a High Court challenge against Winchester Council over its refusal to grant planning permission for 2,000 homes.
The developer has issued a writ that seeks to quash the local plan for the historic Hampshire city, which it claims has ignored its development site.
Michael Emett, CALA’s strategic land director, said that the council had allocated four sites for around 400 homes, but ignored its Barton Farm site, which Hampshire County Council had earmarked as a strategic housing reserve site.
CALA’s plans to build 2,000 homes at Barton Farm were turned down by the city council in 2004.
The developer appealed at a public inquiry last autumn, arguing that the homes were required to address the city’s shortage of affordable homes, but the inquiry found in favour of the council.
CALA is now claiming that the issue of the four sites allocated in the local plan had not been considered at the public inquiry.
“The city council has manipulated the situation to ensure thatour site never gets released,” said Emett.
“It is obvious to us that it’s wrong. We are demonstrably the most sustainable site in Winchester.”
But council leader George Beckett said: “We are satisfied that we are right and we have followed the correct procedures, so we will do everything to protect our local plan.”
The challenge against the council is expected to be heard in 2007.
A second High Court challenge, which CALA launched in April, seeking to overturn the secretary of state’s decision to reject its appeal over non-determination of planning permission on the site, will be heard in the autumn.
References: EGi Legal News 04/09/06
