Council threatens Government with legal challenge over intervention preventing withdrawal of local pan

Erewash Borough Council has threatened the Department for Levelling Up, Housing and Communities (DLUHC) with judicial review and accused it of failing to follow due process in a row over the local plan.

Minister for Housing, Planning and Building Safety Lee Rowley last month told the council to halt an extraordinary meeting it had called to discuss the plan.

A similar dispute this week erupted in West Berkshire, where Rowley has also told the council not to try to change its plan.

Labour ousted the Conservatives from control in Erewash last May and had said in its manifesto that it would revisit the plan.

But Rowley said the meeting could not proceed under powers for central government to intervene.

Council leader James Dawson said in a letter to Mr Rowley that Erewash had taken advice from William Upton KC of Six Pump Court “and we are still considering the option of a judicial review”.

Cllr Dawson said: “Your decision to intervene has been made without any reference to us and your letter arrived unannounced only four hours before the council meeting.”

He said the council should first have had the opportunity to put forward any exceptional circumstances and so “explain why intervention at the proposed time would be unreasonable”.

The Department should have asked for exceptional circumstances before any action and “there has effectively been a failure to follow due process to ensure that your department had the relevant information to enable you and the Secretary of State to address the relevant criteria set out within the Government’s own intervention criteria”.

Cllr Dawson continued: “We cannot understand why this early engagement was overlooked. Your department was clearly aware of the council’s meeting, and would have had time, in this era of emails and internet access, to ask for submissions even at that stage.”

Rebutting points made by Rowley, Cllr Dawson said Erewash was among councils with the oldest local plan only because it “was quicker to proceed and adopt its previous plan than were neighbouring authorities” and remained further ahead in the process of plan updating than other neighbouring authorities.

“It would therefore appear that you have perversely chosen to issue a direction on Erewash Borough Council because we are at a more advanced stage of development planning than our neighbours,” Cllr Dawson said.

He noted the minister had complained that Erewash was not performing well against the housing delivery testing said while this was true the Department had published proposals to remove the test and “we would appreciate clarification of the status and progress of those proposals”.

Cllr Dawson said that among problems with the present plan was that it placed most potential development within one area without addressing the impact of traffic and demands on local amenities and services.

It also left other communities that needed new homes without any, which had “forced some younger people to relocate from areas they have spent their entire lives due to affordability, or lack of access to social housing".

West Berkshire had meanwhile proposed to withdraw its local plan ahead of it going to public examination.

The council changed from Conservative to Liberal Democrat control last May and wanted to create a new plan “which meets the aspirations of the new administration to put the environment front and centre, while prioritising new homes and employment spaces within existing town and village boundaries”, a council statement said.

Rowley though told West Berkshire to progress with the examination and warned of action against the council unless it agreed.

Council leader Lee Dillon said: “It is bitterly disappointing that central Government has intervened to prevent the council from withdrawing this flawed local plan, which doesn't provide for the future of our villages and leaves our towns overburdened with little infrastructure gain.”

Cllr Dillon said Rowley’s intervention meant “the course for future development in West Berkshire will be determined by Westminster and not by us.”

West Berkshire said it would take legal advice and consider its response to the letter.

The Department for Levelling Up, Housing and Communities has been contacted for comment.

Mark Smulian