Council launches JR action after inspector rejects core strategy as "unsound"

Stevenage Borough Council has launched a judicial review of a planning inspector’s rejection of its core strategy as "unsound".

It has asked the High Court to overturn this finding, arguing that it is contrary to a Court of Appeal ruling. No date has yet been set for a hearing.

The town was designated as a major housing and employment growth point in the East of England regional strategy, which was adopted in May 2008 and remains in force, although communities and local government secretary Eric Pickles has said these plans will be scrapped.

This plan required some 9,600 homes to be built as new urban extensions west and north of Stevenage, on the territory of North Hertfordshire District Council.

But the Inspector found North Hertfordshire did not have to co-operate with Stevenage in planning for the expansion of the town beyond its present boundaries, and that Stevenage’s plan was thus unsound because it depended on this ability to expand.

The inspector said North Hertfordshire was right to take into account - as a material consideration - the Government’s proposed abolition of regional plans.

North Hertfordshire suspended work on planning for extensions of Stevenage last year, after Pickles announced his intended abolition of regional strategies.

Stevenage intervened in the Cala Homes Court of Appeal case, the judgement on which was handed down on 27 May.

The Appeal Court confirmed: “It would be unlawful for a local planning authority preparing, or a planning inspector examining, development plan documents to have regard to the proposal to abolish regional strategies.

“For so long as the regional strategies continue to exist, any DPDs must be in general conformity with the relevant regional strategy.”

Stevenage has previously unsuccessfully asked both Pickles and the Planning Inspectorate to overturn the inspector’s ruling.

Mark Smulian