District council faces judicial review challenge over approval of 300-home scheme

The High Court has granted permission to judicially review the decision of Mid Suffolk District Council to grant outline planning permission for the erection of up to 300 dwellings and associated development in Woolpit.

Barristers’ chambers Francis Taylor Building said the grounds of challenge related to policies being ‘out-of-date’ and the approach to emerging plans. 

The adopted development plan documents for Mid Suffolk are comprised of the Mid Suffolk Local Plan, adopted in 1998, the Mid Suffolk Core Strategy, adopted in September 2008, and the Core Strategy Focussed Review, adopted on 20 December 2012.

Although the district council had a 5-year housing land supply, Mid Suffolk District Council found that the key policies for the determination of the application were out-of-date, FTB said.

“At the time of the Officer’s Report to the planning committee, there were two emerging plans. These were the Babergh and Mid Suffolk Joint Local Plan and the Woolpit Neighbourhood Plan. The emerging plans differed significantly in respect to housing figures for Woolpit. The emerging Joint Local Plan had completed regulation 18 consultation whilst the emerging Neighbourhood Plan had been submitted for examination,” the set added.  

Permission was granted by Mrs Justice Lieven on all grounds. 

Charles Merrett of FTB is acting for the Claimant, instructed by Brendon Lee of Hewitsons.