Stratford fails in bid to stop development near Anne Hathaway's cottage

A district council has failed in a High Court challenge to an inspector’s grant of planning permission for a major development near Anne Hathaway’s Cottage.

Stratford-on-Avon District Council had asked the court to quash the grant of planning permission to JS Bloor Homes and Hallam Land Management for up to 800 new homes, a new primary school, health centre and local shops.

The council had originally rejected the companies’ application in 2011. However, this was reversed by the Secretary of State for Communities and Local Government after an inspector’s recommendation in July 2012.

In the High Court Stratford contended that:

  • The Secretary of State, effectively adopting the inspector’s relevant findings and conclusions, unlawfully determined a housing requirement for the district that failed to comply with national policy as contained in the National Planning Policy Framework; and
  • The inspector erred in that he (i) failed to take into account the UK’s obligations pursuant to the Aarhus Convention to ensure public participation in the plan-making process; and (ii) failed properly to apply national guidance in relation to emerging plans.

In Stratford On Avon District Council v Secretary of State for Communities and Local Government [2013] EWHC 2074 (Admin) Mr Justice Hickinbottom last month dismissed the council’s application.

Rejecting the first ground, the judge said: “For the purposes of responding to the appeal, the inspector was required to assess unmet housing need; that required him to assess housing requirements, on the basis of the evidence before him; he concluded that the figure of 8,000 preferred by the council was not sufficiently evidence-based and that, on all the evidence before him, the requirement for the period 2008-2028 was 11,000-12,000; and he had at least adequate reason for that assessment.”

He added that the inspector’s analysis and conclusion were “unimpeachable as a matter of law” and that there was no legal basis for challenging the inspector’s finding in relation to the housing requirement for the 20-year period.

Mr Justice Hickinbottom also said that he was unpersuaded by the council’s submissions – “whilst forcefully put” – on the second ground.

The judge added: “The submissions were founded on the premise that, by finding on the evidence before him that the housing requirement for the district for the period 2008-2028 was 11,000-12,000, the inspector effectively bound the council as to the relevant housing requirement so far as the development plan was concerned.

“As such, it added little to the first ground – hence my suggestion of overlap between the two grounds…. But, as I have explained, that premise is false: the council was bound neither in principle nor practice.”

Mr Justice Hickinbottom said that the Aarhus Convention did not require a blanket stop to be put on development that, potentially, might adversely impact on future policy; nor could it be used as a weapon for those who wished to inhibit development, in the hope that planning policy would change in the future to one which was more in line with their wishes.

“The Convention, and the relevant national guidance, require the decision-maker in any specific planning application to balance emerging policy with other material considerations. In this case, the Inspector, and the Secretary of State who adopted his analysis and conclusion on this point, conducted that analysis properly and lawfully.”

The judge added that the inspector’s 650-paragraph long report was to be commended as a model, adding that the council’s criticisms were “unwarranted”.

Cllr Chris Saint, Leader of Stratford-on-Avon District Council, says: “This is a sad day for Stratford and localism and a bitterly disappointing decision.

“At no time has the council or its members actively proposed development of this scale West of Shottery that undermines the setting of that internationally famous icon, Anne Hathaway’s Cottage.”

He added: “The site was introduced by developers, forced into our Plan by the Planning Inspectorate, granted by the Secretary of State and now ratified by a judge. I am stunned that the aspirations of local people have been so roundly dismissed.”

Cllr Saint claimed that the council had proved before that there were “ample sites available elsewhere in the district”.

He said: “We are more than happy to put our faith in building to support our economic future, but at the right location; land close to Anne Hathaway’s Cottage was never our choice for development.

“We have gone as far as we can to try and stop this and sadly, we must now abide by the High Court ruling. As there is a need for a further planning application to cover design and layout of buildings, we still have some control over what the developers eventually provide.”