Taylor Wimpey is challenging the refusal of its plans for a large mixed-use scheme in Crawley, West Sussex, near
Collins J is considering a bid to overturn the secretary of state for communities and local government’s rejection of the scheme on the ground that it could frustrate the construction of a second runway at the airport.
The scheme, proposed by Taylor Wimpey and Beazer Homes, was to comprise 2,200 homes, 5,000 sq m of employment floor space, 2,500 sq m of retail, a community hall, schools and a park-and-ride facility.
Following Crawley Borough Council’s refusal to grant planning permission, a planning inspector was appointed by the secretary of state to determine the developers’ appeal.
The inspector found that although the proposals would not frustrate a second runway in principle, its configuration might be altered and its operating regime modified by new houses, thereby reducing its capacity.
The inspector also found that a major part of the development would be subject to noise levels in excess of limits recommended in planning guidance.
Consequently, the secretary of state held that even though the site was “in a highly sustainable location and would make good provision for affordable housing” any second runway would generate noise that was likely to cause community annoyance.
Accordingly, on 14 May 2007, the secretary of state rejected the proposals.
Challenging that determination
Paul Brown, counsel for the secretary of state, told the court that the challenge is “a misguided attempt to rerun the detailed merits of the planning appeal”.
The hearing is scheduled to last for three days.