City council ordered not to submit Local Plan for examination ahead of judicial review

Dr Ashley Bowes of Landmark Chambers, who acts for campaign group Friends of the Fields, Iffley, said on LinkedIn that the case concerned Regulation 8 of the Strategic Environmental Association Regulations 2004, which requires the Full Council ("i.e. not just officers or a sub-committee of members or a cabinet member") to take account of the responses to the Reg. 18 and Reg. 19 consultations.

He said that duty "bites both on submission and on adoption (see Flaxby Park [2020] EWHC 3204 (Admin). Resolving to submit the Plan before the Reg.19 consultation has even been conducted is therefore a straightforward breach of Reg.8."

Dr Bowes suggested: "Make sure the Full Council has before it the responses (or at least a summary of the responses) to the consultations before it resolves to submit the Plan to examination.

"If that has been overlooked, do accept the invitation of a potential claimant to cure the legal error by taking the decision to submit to examination back to Full Council, otherwise you are very likely to be restrained from submitting your Plan by a Court order.”

In the order Mr Justice Mould said: “The claim is arguable and raises a serious issue to be tried. The balance of convenience clearly favours restraining the Defendant from submitting the draft Plan for examination pending determination of the claim. If the claim succeeds, the error can be remedied prior to the statutory examination taking place. If the claim fails, the examination may proceed with certainty in respect of the issue raised by the claim.”

Oxford City Housing is an interested party to the claim.

Cllr Anna Railton, Oxford's Deputy Leader and Cabinet Member for Planning, said: "“We are aware an injunction has been granted, delaying submission of our Local Plan 2045 to the Secretary of State until a judicial review is heard.

“The council believes it has followed the correct procedures throughout the Local Plan process, and we intend to defend our position in court at the earliest opportunity."

Cllr Railton added: “Any delay in the submission or examination of the Plan would slow the delivery of much-needed affordable homes, infrastructure and opportunities for local people, while also postponing higher energy efficiency standards, stronger environmental protections and wider policies to create a fairer and more resilient city for everyone.

“I believe it is important to continue to progress our plans, which support sustainable growth and meet the needs of current and future residents.”

Dr Bowes was instructed by Lisa Foster and Adele Gisby of Richard Buxton Solicitors.