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Parish Council tests importance of neighbourhood development plans

Residents of East Bergholt in Suffolk today asked a London judge to block plans to build a housing development in their village.

The village’s parish council has brought a High Court challenge to Babergh District Council’s decision to approve 10 homes in the village, which is in an area of outstanding national beauty.

The case will test the importance of neighbourhood development plans. The village’s development plan was almost completed when the council approved the development. The parish council says that the development is not in keeping with the village plan.

The council also questions whether the New Homes Bonus awarded by central government to councils can create an undue predisposition to authorise development.

David Bowman, the solicitor representing the parish council, said that although this case involved only 10 homes, the ruling may have an impact on plans to build many more homes in the area.

On the same day that the council gave permission for the 10 houses involved in this case, it also allowed 144 homes to be built on another site in the village, and the outcome of this case will have an impact on that decision.

“Other parish councils are in dispute with the same district council and no doubt there will be other parish and town councils and conservation groups up and down the country embroiled in similar battles. I imagine they will all be following this case with great interest,” said Bowman.

He said that, overall, the case may affect plans to build more than 400 houses in the area.

Bowman is a senior associate at law firm Royds Withy King.


East Bergholt Parish Council v Babergh District Council, Planning Court (Mitting J) 7 December 2016

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