A west Stevenage development consortium has lost its Court of Appeal challenge to local plan restrictions on new development within the area.
Persimmon Homes, Taylor Woodrow, the Garden Village Partnership and Bryant Homes have failed in their legal bid to overturn Stevenage council’s policy preventing development that had not been justified by a regional spatial strategy (RSS).
The consortium, which have plans to develop a 692 acre site west of the A1M, claimed that the policy was “not in general conformity” with a Hertfordshire structure plan policy that requires the council to identify the land for housing development.
However, three appeal judges have upheld an April High Court order that the council could lawfully include a restriction in the local plan if it were unlikely to affect the “basic correctness” of the structure plan policy.
Wall LJ said: “The judge was entitled to hold that the statutory phrase ‘general conformity’ was wide enough to encompass a reproduction of the structure plan policy in the local plan, subject to a qualification as to justification or timing.”
The policy prevents the consortium from developing the site until the east of England’s RSS has been determined, a lengthy process that is not expected to start until the end of this year.
In October, deputy prime minister John Prescott rejected a planning application by the consortium to build 5,000 homes on the land.
He held that, in the light of the High Court ruling, it would be “premature” to allow the application prior to the findings of the RSS, which will determine housing needs for the area after 2011.
However, Prescott has said that he is “minded to approve” an alternative application for 3,600 homes.
Persimmon Homes (Thames Valley) Ltd and others v Stevenage Borough Council Court of Appeal (Laws, Wall and Lloyd LJJ) 22 November 2005.
Robin Purchas QC and Douglas Edwards (instructed by Davies & Partners, of Gloucester) appeared for the appellants; Timothy Straker QC and Richard Humphreys (instructed by the legal department of Stevenage Borough Council) appeared for the respondents.
References: EGi Legal News 23/11/05
