Suffolk coastal district council’s core strategy allocation of land for 2,000 new homes will not come under attack at the Supreme Court, after three Law Lords resoundingly rejected an application for permission to appeal.
Lords Neuberger, Mance and Carnwath declined to hear the case, saying: “Permission to appeal be refused since the courts below were clearly right, but in any event there is no point of law of general importance.”
In February, Richards LJ upheld a high court decision last year rejecting a challenge put forward by a campaign group, which says that the development at Martlesham Heath will have an irretrievable negative effect on the nearby estuary of the River Deben.
The campaign group, No Adastral New Town (NANT), had claimed the council had failed to investigate the site’s proximity to the estuary at a sufficiently early stage before it was selected as the preferred option for the allocation, and hoped to win a ruling quashing the allocation of 2,000 new homes near BT’s Adastral Park complex.
It also alleged that the council failed in its duties under the European Habitats Directive and the Strategic Environmental Assessment (SEA) Directive.
No Adastral New Town Ltd v Suffolk Coastal District Council Supreme Court (Lords Neuberger, Mance and Carnwath)