Council facing legal action

A LEGAL challenge is being prepared by parish councils, residents groups, and the Campaign to Protect Rural England (CPRE) after Warwick District Council pressed ahead with the adoption of its local plan last night, Wednesday.

The Herald has been told that meetings are now being hastily arranged to try to raise the money to fund the challenge, which must be made within six weeks of the document’s formal adoption.

That is expected to be formalised by central government by the end of this month.

A full meeting of the district council voted by a large majority in favour of the document at its meeting last night.

In a statement afterwards, the council said it would ‘facilitate the growth of the local economy, the creation of thousands of new jobs; and reflect population growth with the provision of new homes, including thousands of affordable homes, schools, roads, cycle-ways and open spaces’.

But the CPRE, which is spearheading the potential legal challenge, said it overestimates housing requirements, that there has been no adequate assessment of alternatives sites for the 5,000 homes that will be built on green belt land, and that the ‘exceptional circumstances’ to justify substantial loss of further green belt to develop an employment site, close to Coventry Airport.

The public consultation on important modifications to the local plan is also described  the CPRE as ‘inadequate and did not meet the requirements of national planning policy, legal obligations or the council’s own Statement of Community Involvement’.

Peter Langley, of the CPRE, said: “It comes as no surprise that the council voted to adopt the plan, but it’s still disappointing. The council seemed to be saying at the meeting that ‘a bad plan is better than no plan’ and that is a regrettable situation.

“It leaves many, many people and many, many interested groups in a very difficult situation, and parish councils and residents’ groups will now be meeting to see how they can take forward a legal challenge.

“It is a big step and is a last resort, partly because of the expense, and raising money will be a key part of the task now, but this is not an idle threat.”

It is understood that a legal challenge would not see the plan suspended, it would still be functional, but, if successful, a court could rule that parts of it should be looked at again.

Speaking to the Herald after Wednesday’s executive meeting, Warwick District Council’s leader, Cllr Andrew Mobbs, said of the potential legal challenge: “This is now in the hands of our legal representatives and, therefore, I cannot comment as such.

“But looking at it with my untrained legal eye, my opinion is that a majority of the points raised have been addressed by the inspector.”

Cllr Mobbs added: “The fact that we are planning for the growth of our district is a strong and positive message and is testament to the success of this area in providing jobs and high standards of living.

“If we want to sustain this momentum for future generations we need to have a robust local plan in place, which is why I am delighted that after many years we have finally achieved this.”

“Although many people have had reservations about aspects of the local plan, not to adopt it would have left Warwick district open to further speculative development and would not have delivered the jobs and homes that our communities desperately need.”

Article originally appeared on Stratford-Upon-Avon Herald

The Institute cannot confirm the accuracy of this story or confirm that it presents a balanced view. If you feel this is inaccurate we would welcome your perspective and evidence that this is the case.

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