District to challenge Inspectorate approval for 290 home developments

A district council is to launch a legal challenge to Planning Inspectorate decisions that the authority claimed “called into question the power of a local authority to determine planning applications in the absence of a current comprehensive local plan”. 

The Planning Inspectorate decisions would allow the development of nearly 290 homes on two greenfield sites in Tetbury. Permisssion had previously been refused by Cotswold District Council.

Cllr Nick Parsons, the authority’s Deputy Leader and Cabinet Member for Forward Planning, said: “Following a detailed assessment of the Inspectorate’s findings, we have sought legal advice and we believe that that there are reasonable grounds for a judicial review.

“We think we have a valid case both in terms of the approach the Planning Inspectorate has taken towards the Area of Outstanding Natural Beauty in relation to major housing development, and also their consideration of the overall number of houses required.”

Cllr Parsons added that the local authority was particularly concerned that the Planning Inspectorate assessed that Cotswold DC was a “persistent under deliverer of housing”.

He said this view was “completely at odds with the evidence”.

Cllr Parsons continued: “Furthermore, the inspector assigned to an appeal relating to Kemble – only a month before the Tetbury appeals - expressly rejected that argument.”

Cotswold’s Leader, Cllr Lynden Stowe has – together with Geoffrey Clifton-Brown MP – sought an urgent meeting with planning minister Nick Boles to discuss recent appeals which have gone against the council.

Cllr Stowe said: “We will be spelling out exactly why these decisions are unacceptable to the district and our residents.”