A development consortium has failed to stop a local council from adding another level of bureaucracy to the planning system.
The High Court has dismissed a challenge by Persimmon Homes, Taylor Woodrow and Bryant Homes to Stevenage council’s new plan policy, which “safeguards” land from any development that has not been justified by a regional spatial strategy.
The policy will prevent the consortium, known as the West Stevenage Consortium, from developing a 692-acre site west of the A1M until the east of England’s regional spatial strategy has been carried out.
This is a lengthy process that it not due to start until the end of this year.
However, Judge Mole QC upheld the consortium’s objections to modifications in the plan in respect of the green-belt boundary near Norton Green, to the south of west Stevenage.
The judge said that, at the local plan inquiry, the developers had “properly” made their objections in requesting that more land be excluded from the green belt but there was “no sign” that the inspector had considered their arguments.
He ordered the council to “start the process afresh” to determine the planning status of the Norton Green land.
At the hearing last month, the consortium claimed that the council’s “tentative” policy – requiring further justification of any development - did not “generally conform” to the “clarity and certainty” of the adopted Hertfordshire structure plan, which required the council to identify the land for housing.
In dismissing that claim today, Judge Mole QC held that Stevenage council could lawfully include a caution or restriction in the local plan if it were “unlikely to affect the basic correctness of the structure plan policy”.
“A local planning authority may reasonably choose to adopt a local policy that generally conforms with the structure plan but sets out a particular reservation, qualification or reason for caution in respect to that policy,” he said. “The word ‘general’ is there to introduce a degree of flexibility.”
The judge added: “Judged objectively, the words are wide enough to encompass a reproduction of the structure plan policy in the local plan, subject to a qualification as to justification or timing that nonetheless contemplates that the purpose of the strategic policy may be achieved in the plan period.”
The consortium plans to build 5,000 homes on the site, of which 1,000 will fall within Stevenage council’s boundary and the remainder within the North Herts jurisdiction.
It has also submitted a planning application for another 3,600 homes within the area.
References: EGi News 26/05/05
