High Court judge to hear legal challenges to adoption of Local Plan by Guildford Borough Council
A Planning Court judge is this week hearing section 113 challenges to Guildford Borough Council’s Local Plan.
The claimants are campaigner Julian Cranwell and Ockham and Compton Parish Council.
According to Landmark Chambers, the three claims raise a number of issues including:
- The “exceptional circumstances” test for release of land from the Green Belt;
- SEA compliance; and
- Habitats.
The set said there were nine parties to the litigation.
The case is being heard by Sir Duncan Ouseley, sitting as a judge of the High Court.
In July the borough council voted to spend up to £20,000 on appointing a Queen’s Counsel to give a second opinion on whether its local plan was sufficiently robust in the event of it being challenged in the High Court.
The money was allocated to ensure that the processes used in the determining the local plan, which was adopted in April 2019 and is set to be place until 2034, would withstand a judicial review being brought against it.
A number of Landmark Chambers barristers are appearing in the Guildford case. James Maurici QC and Heather Sargent appear for the First Interested Party, Wisley Property Investments Limited instructed by Herbert Smith Freehills LLP. Richard Turney appears for the Second Interested Party, Blackwell Park Limited, instructed by Mills & Reeve LLP. Andrew Parkinson appears for the Third Interested Party, Martin Grant Homes Limited, instructed by Cripps LLP.
Richard Harwood QC of 39 Essex Chambers is understood to be acting for Mr Cranwell and Ockham Parish Council, instructed by Richard Buxton Solicitors.
Last week the Court of Appeal dismissed legal challenges brought by campaign groups over another council in Surrey’s (Waverley Borough Council’s) Local Plan Part 1 and the inspector's approach to unmet housing need.
