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Housebuilder launches Planning Court challenge to neighbourhood plan

A housebuilder has launched a judicial review challenge to a neighbourhood plan with the Planning Court.

In a statement Larkfleet Homes claimed that the Uppingham Neighbourhood Plan was “flawed in several areas and therefore not legally valid”.

The company added: “In particular, we feel that it is not appropriate that the process of deciding where housing should be located – known as ‘site allocation’ – should be delegated to the Uppingham Neighbourhood Plan instead of being part of the Site Allocation Policies prepared by the county council [Rutland]. Site allocations in Uppingham currently form part of the Uppingham Neighbourhood Plan prepared by Uppingham Town Council.

“We do not believe that this is an appropriate way of delivering the county council’s Core Strategy – which sets out how Rutland will meet future housing need – as the Core Strategy expressly states that the location and details of future housing development should be determined through the Site Allocation Policies.”

Larkfleet said that when it became aware that Rutland planned to hold a referendum on the neighbourhood plan, it asked the council to give an assurance that, following the referendum, it would not take any further steps to formally adopt the plan before the company’s legal challenge had been considered by the Court.

“As a result of that assurance, the council will take no further action towards adopting the neighbourhood plan pending the final determination of the legal proceedings,” the company revealed.

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