Town council judicial review challenge to county council planning decision set to be heard by High Court

The High Court has agreed to hear Hayle Town Council's judicial review of Cornwall County Council's decision to give planning permission to an 85-home development.

The development, which Cornwall gave conditional planning permission in May 2022, will see the homes built on land near Viaduct Hill in the town of Hayle.

A year prior to approval, Hayle voiced an objection to the plan as it heard that "Highways would not support any further housing applications" until a local roundabout had been updated and improved.

In a planning document sent to Cornwall, Hayle said it had previously resolved not to support any further development in this area until the infrastructure is in place.

It also noted that it supported the concerns of neighbouring residents regarding potential noise, lack of privacy and drainage risks.

"Furthermore, the affordable housing allocation is too concentrated in the plan as it is, dwellings of 3 storeys are too high and a footway inside the hedge is required", the document added.

Despite the objection, Cornwall approved the plan, leading to Hayle pursuing a judicial review.

A spokesperson for Hayle Town Council said the town council received confirmation that its application for a Judicial Review was granted permission on 27 September 2022.

Responding to the High Court's decision, a spokesperson for Cornwall County Council said: "The decision taken by the Planning Committee to grant planning permission for this development will be robustly defended."

Adam Carey