Burton and South Derbyshire College has secured a consent order quashing the decision of former communities secretary Eric Pickles to reject plans for a 100-home development because the site was not proposed as a housing allocation in an emerging Neighbourhood Plan.
Lawyers for the college have hailed it as a “landmark victory” after the order was recently approved by the Planning Court, sitting in Birmingham, after the secretary of state conceded that he failed to take account of the fact that the site was nevertheless identified for housing in the emerging Local Plan.
Barrister Christopher Young, of No5 Chambers, who represented the college at the appeal and in the High Court proceedings, commented: “The case demonstrates that in his enthusiasm for neighbourhood planning, the Secretary of State failed to take into account even the fact the site is allocated in the emerging local plan.”
Solicitor and head of planning at law firm SGH Martineau, David Brammer, a member of the team that advised the college, said: “This wasn’t just an issue about building new homes, but the ambition of Burton and South Derbyshire College to use its assets wisely to improve the service it delivers to the community throughout Burton and the surrounding area.
“The application for planning permission to develop the site was originally submitted in May 2012. When planning consent was initially refused by East Staffordshire Borough Council, the college appealed against the council’s decision, believing it had a very good chance of success as the land was allocated for development in the council’s emerging Local Plan.
“A public inquiry was held in March 2014 and an independent planning inspector recommended that the planning permission should be granted, but the secretary of state still chose to base his decision to refuse consent on the emerging Neighbourhood Plan drawn up by the Parish Council of Rolleston on Dove.
“This Neighbourhood Plan did not conform to the council’s Local Plan, which had allocated the land for development, recognising the benefit the scheme offers in terms of new homes and the potential for economic growth.”
Everton Burke, chair of BSDC Corporation said that the sale of the development site land would ensure that the college has “modern and vibrant facilities that meet future industry needs which will help prepare our learners for the world of work”, adding: “We now feel we are a step closer to this reality but recognise there is still some distance to travel in securing this much needed outcome.”
Greg Clark has taken over the communities secretary post from Pickles, and the reconsideration will now take place under his watch.
Burton and South Derbyshire College v Secretary of State for Communities and Local Government
