Town council eyes judicial review over inspector decision on care village plans

Shrewsbury Town councillors met yesterday evening (27 March) to consider a proposal to begin judicial review proceedings against the Planning Inspectorate and Shropshire Council over plans for a care village.

The plan is for 182 care units and a 75-bed care home off Ellesmere Road, in Hencote, which was initially rejected.

However, the decision was overturned on appeal.

A motion for consideration of a judicial review, put forward by Cllr Alex Phillips, suggested that Shrewsbury faces the loss of “one of its most treasured green spaces, valued by residents and ramblers alike”.

The motion added that the site is next to a site of Special Scientific Interest, threatening biodiversity.

“The combination of open space and vibrant communities gives Shrewsbury its unique identity, this decision is a major blow to that,” it added.

The motion also said the town council believes that both the Planning Inspectorate (PI) and Shropshire Council “may have breached the rules of procedure in regards to Planning Law”.

The motion said the judicial review was being proposed on the basis of the following five points, debated at the town council’s Planning Committee on 14 March:

1. Possible Insufficient notification of planning proposals by Shropshire Council.
2. Possible pre-determination of planning.
3. Possible breach of the Wheatcroft Principles (by both the Planning Inspectorate and Shropshire Council)
4. Lack of calling for, and therefore cross examination of Shropshire Council’s Landscape Consultants at the Public Inquiry for 21/05743/OUT.
5. Any other points the town council identifies following legal advice.

The town council is to seek legal advice on the “process and substance of the judicial review,” and will delegate a final decision on initiating a judicial review to the finance and general purposes committee on 11 April 2023.

Shropshire Council has been approached for comment.