Persimmon Homes has failed to convince the High Court to push through a proposed housing scheme in the grounds of a Warwickshire school.
Collins J rejected a bid by the developer to overturn deputy prime minister John Prescott’s refusal of planning consent for the redevelopment of a field at Lawrence Sheriff School, Rugby.
The judge said that although Prescott’s inspector had erroneously relied upon a supposed lack of affordable housing provision as a ground for refusing permission, the mistake had been insufficient to render the decision invalid.
Local residents have petitioned against the scheme, which includes the construction of 77 houses and a state-of-the-art sports complex on Hart Field, near Lower Hillmorton Road, on the ground that it will degenerate the area and cause extra traffic problems.
Although Rugby Borough Council resolved to grant permission in January 2004, Prescott later called in the application for determination, refusing consent in May.
Backing Prescott’s decision, Collins J said: “He has to weigh the advantages of the development against the objections to it. Affordable housing is clearly an important aspect but there were a considerable number of other objections.
“He puts in the balance against the development the concerns about the consequences for sustainable development, shortcomings in the design of the housing and highway concerns. None of those, on their face, would be objections created by the lack of affordable housing.”
The judge added that “the weight that Prescott attached to the lack of affordable housing would not have made any difference to the decision”.
Trustees of the Lawrence Sheriff School and another v First Secretary of State Administrative Court (Collins J) 14 December 2005.
Alexander Booth (instructed by DLA Piper Rudnick Gray Cary UK LLP, of Birmingham) appeared for the claimants; Philip Coppel (instructed by the Treasury Solicitor) appeared for the defendant.
References: EGi Legal News 20/12/05
