Council launches legal action over approval of 173-home development in challenge to ‘Grey Belt’ decision by inspector
Castle Point Borough Council has launched legal action after a planning inspector allowed an appeal over a decision by the local authority to refuse planning permission for residential development in Daws Heath.
The council’s challenge centres on how the inspector reached the conclusion that the land was ‘Grey Belt’, after Castle Point had previously refused the application on the grounds that it constituted “inappropriate development in the Green Belt”.
The outline application, for 173 homes and associated infrastructure at Brooks Farm in Daws Heath, was originally refused by the council's Development Management Planning Committee in March 2024.
The Committee refused the application on the grounds that it constituted “inappropriate development in the Green Belt”, where “special circumstances did not sufficiently justify the harm caused”.
The applicant decided to appeal against the council's decision, and following a public inquiry earlier this year, an inspector granted planning permission.
Castle Point said in a statement: “The Government introduced Grey Belt in December 2024 as land that does not fulfil the functions of the Green Belt including whether the land prevents towns from merging. But in February this year the government said that villages are not towns in this regard. The council is challenging how the Inspector defined Daws Heath as a village.”
Cllr Warren Gibson, Deputy Leader of the council, said: “We have submitted an application to the court to challenge the decision and are now awaiting confirmation on whether it will proceed to a hearing.
“Our administration has always been committed to protecting our green spaces, which we believe are vital for the environment, wildlife, and the wellbeing of our residents.”
While unable to comment on the details of the case, a Planning Inspectorate spokesperson said: “A key principle of the planning system is that each planning application and any subsequent planning appeal will be treated on its own individual circumstances and merits, in the light of the current local plan for the area, the National Planning Policy Framework and any other specific material considerations.”
Lottie Winson
