City council withdraws High Court challenge to planning permission for 151-home scheme
Preston City Council has withdrawn a High Court challenge to a planning inspector’s grant of planning permission for a development of more than 150 homes, after its legal team advised the action was not in the local authority’s best interests.
The council had refused developer Wainhomes outline planning permission for the scheme at Cardwell Farm in Barton.
The developer’s appeal was allowed subject to conditions on 9 March 2021. The planning inspector, Mark Dakeyne, said the council could not demonstrate a five-year supply of deliverable housing sites, "having particular regard to the housing requirement for Preston".
In a statement Chris Hayward, Preston’s Director of Development and Housing, said: "After reviewing its case following recent appeal decisions in Preston, Preston City Council is reluctantly withdrawing the High Court challenge against the planning permission granted on appeal in 2021 for the Cardwell Farm site in Barton.
“We do not support the decision made by the Inspector regarding this appeal, and we are disappointed the Inspector did not agree with our position regarding the five-year supply of housing within Preston.
“That said, we must acknowledge that since the Cardwell Farm inquiry the precise dynamics of the council's position have been refined and our housing land supply has significantly changed.”
Hayward said that in the past 12 months, the situation had moved on “to such a degree” that the specialised legal team advising the council had made clear that continuing the High Court challenge against the Cardwell Farm appeal decision would not be in the council's best interests.
“Whilst we are extremely pleased with the more recent appeal decisions in Preston, we are equally disappointed with the Cardwell Farm decision. However, the council must act in the best interests of the city, and cannot jeopardise its position, which is to promote a plan-led approach to the sustainable development of Preston,” he added.
“We know that Barton Parish Council and many residents share our disappointment with this outcome. We remain committed to delivering homes to meet the housing needs in Preston, but these must be in the right places, in sustainable locations outlined in the development plan."
