Council faces High Court challenge over adoption of Local Plan

Two developers have launched a challenge in the High Court to a local authority’s adoption of its Local Plan.

In their action against Solihull Council under s. 113(3) of the Planning and Compulsory Purchase Act 2004, Gallagher Estates and Lioncourt Homes have called for:

  • An expedited hearing under s. 133(3) of the Planning and Compulsory Purchase Act 2004 ; and
  • An interim order under s. 133(5)(b) of the Planning and Compulsory Purchase Act suspending the operation of a key paragraph of the Local Plan pending the determination of the appeal by Gallagher Estates against the council’s refusal to grant planning permission for a maximum 200 dwellings at Lowbrook Farm, Lowbrook Lane, Tidbury Green.

Solihull Council said in a statement: “For avoidance of doubt, the Local Plan and all its provisions remain in place as the adopted developments plan for the Borough pending consideration by the High Court.”

The paragraph (11.6.6) in the Local Plan at the centre of the dispute reads: “The safeguarded land at Tidbury Green was removed from the Green Belt in the UDP 1997 for possible long term housing needs. Following assessment in the Strategic Housing Land Availability Assessment, this land is no longer considered suitable for development and is proposed to be returned to the Green Belt.”