The High Court has dismissed a challenge by a developer which, if it had succeeded, could have obliged Chichester Council to rethink their land allocation strategies.
Cala Homes (South) Ltd claimed that Chichester Council had prejudged the issues involved in allocation of sites for a housing development, and ignored an Environment Department inspector’s recommendations regarding sites that should be set aside for new housing.
The West Sussex Structure Plan requires the provision of 7,700 dwellings in the Chichester district between 1989 and 2006. Mr Mark Lowe QC, counsel for Cala, argued that the council’s refusal to include a 10% flexibility allowance in their housing allocations was “perverse”.
However, in a decision given at Bury St Edmunds Crown Court earlier this month, Deputy Judge Robin Purchase QC said he considered the council’s approach had neither been flawed in approach nor result.
“There is nothing on the facts of this case that would justify the conclusion that the council approached the various questions& with a closed mind”, he said.
The judge said he considered the councils reasons for their decisions were “clear and rational.” He said the council had balanced the merits and disadvantages of the various sites and there was no evidence that different standards had been applied in comparing the competing sites.
PLS News 20/9/00
