Judge rejects attack on decision to put neighbourhood plan out to referendum

A High Court judge has rejected the latest challenge from a developer to a council’s decision to put a neighbourhood plan out to a referendum.

In DLA Delivery Ltd, R (On the Application Of) v Lewes District Council [2015] EWHC 2311 the claimant’s site was not included in the neighbourhood plan drawn up for Newick in East Sussex.

A referendum on the plan saw 846 ‘yes’ votes and 102 ‘no’ votes with one spoilt ballot on a 49% turnout. This result meant the majority vote required was comfortably reached for the plan’s eventual adoption.

The developer, DLA Delivery, challenged the decision of Lewes District Council to put the proposed neighbourhood plan out to a referendum.

A range of grounds were advanced including in relation to aspects of the approach to drawing up the proposed plan as well as aspects of the examiner’s appraisal of what was put before him.

However, Mr Justice Foskett said that he was “unable to see any flaw in the process by which the [neighbourhood plan] was formulated or in the approach of the examiner when he gave his approval to that approach”.

The judge concluded that none of the grounds of challenge had succeeded and that the application for judicial review must fail.

Lewes District Council has now formally adopted the neighbourhood plan, Newick Now to 2030.

Cllr Tom Jones, Lead Member for Planning said “I am delighted that Newick’s Neighbourhood Plan is the first Neighbourhood Plan to reach the stage of formal adoption. It was prepared by Newick Parish Council, with assistance from Lewes District Council’s Planning Officers and includes a range of policies and housing allocations that will deliver the Parish Council’s vision for the parish for many years to come.”

The council added that the formal adoption of the plan meant that it would now form part of the statutory development plan for the district alongside the Lewes District Local Plan and would be used to determine planning applications in Newick.