Council wins green belt legal challenge

Guildford Borough Council has successfully challenged a government order which would have required it to undertake a green belt review with a view to releasing land for new housing.

The council took legal action against the government in October 2009 following its approval and publication of the South East Plan in May of that year. Under the plan, the borough was required to build 422 new homes each year until 2026, necessitating the council to consider using sites covered green belt legislation for new housebuilding.

Guildford launched its legal claim against the government on the grounds that the process by which it identifed the area for a significant amount of development “was not informed by the full environmental appraisal required by planning legislation”.

Carol Humphrey, Head of Planning Services at Guildford Borough Council, said: "If the legislation had been followed there would have been consideration of wider alternatives to green belt development to the north east of Guildford. We had significant concerns that the Secretary of State had not followed the proper process to demonstrate that the release of green belt land in this area was justified".

Last month, the legal team at the Department for Communities and Local Government (DCLG) informed the council that it would no longer resist the council's challenge to the South East Plan and that the council's housebuilding targets in the South East Plan have been removed. The DCLG also said that it would pay for all of Guildford's legal costs. The council says that it is currently working with the DCLG to determine the wording of the consent order that will amend the South East Plan.

Lead Councillor for Environment and Transport, Cllr Jenny Wicks, said: "Our successful legal challenge means that local concerns have now been heard and taken into account when planning the future of our borough. It also shows the importance of the role of local councils in helping balance local need and the views of the community.

"Development will continue to take place in Guildford Borough if it complies with the Council's local planning policies. But it is reassuring that the South East Plan housing targets which many felt would have prejudiced the character of the borough, no longer apply.”