Wilson Bowden subsidiary David Wilson Estates has lost a High Court bid to block the designation of a Mid Bedfordshire development site as green belt.
The court today held that Mid Beds council was entitled to issue green-belt protection in 2004 for a 20-ha site in
The ruling defeats David Wilson’s plans to develop the land, which adjoins Flitwick Moor – a site of special scientific interest that local campaigners claim is the county’s most important wildlife site.
Mid Beds council made an interim decision in 2003 to remove the land from the green belt but, the following year, placed it back under green-belt protection contrary to an inspector’s recommendations.
David Wilson sought to quash the relevant part of the local plan, claiming the council had failed to follow procedures set out in planning policy guidance on the alternation of green-belt boundaries.
Its barrister, Robin Purchas QC, argued in court this week that the council did not consider a test of necessity contained in PPG 2, which states that green-belt boundaries should be altered “only in exceptional circumstances”.
However, Mr Justice Collins said the interim green-belt designation had merely been a holding measure that was subject to change as part of the subsequent review process.
“The boundaries were not fixed and it was not necessary to consider PPG 2,” he said.
