Campaigners against the government’s eco-town policy have lost their High Court challenge.
This afternoon, Walker J ruled that the campaigners’ claim that the secretary of state for communities and local government had acted unlawfully, in April 2008, when shortlisting potential eco-town sites had “not been shown to be justified in law”.
The legal challenge was brought by BARD (Better Accessible Responsible Development), which opposes St Modwen’s Middle Quinton eco-town near
It was backed by Western Front campaign group, which opposes the Weston Otmoor eco-town in Oxfordshire.
The judge refused the campaigners permission to appeal his decision.
Responding to the judgment, David Bliss, Chairman of the BARD Campaign, said: “We are disappointed but this is by no means the end of the road for BARD’s challenges to the Middle Quinton proposal.
“Labelling objectors “Nimbies” is a lazy government response to well-thought-out opposition to the current eco-town programme.
“No less than 47 national, regional and local representative bodies agree that poorly sited new towns will neither meet their promised eco-agenda nor provide affordable housing in places where people want to live,” he said.
R (on the application of BARD and another) v Secretary of State for Communities and Local Government Administrative Court (Walker J) 27 January 2009.
Ian Dove QC, Richard Harwood and Christopher Young (instructed by SJ Berwin) appeared for the claimants; Timothy Mould QC and James Maurici (instructed by the Treasury Solicitor) appeared for the defendant; Anthony Crean QC and Timothy Sheppard instructed by Henmans LLP, of Oxford) appeared for the interested party.
