William Eichler 11 May 2017

Court delivers landmark ruling strengthening hand of local planners

Court delivers landmark ruling strengthening hand of local planners image

A council in Cheshire has secured a ‘landmark ruling’ from the Supreme Court that will better protect green areas from speculative housing developments.

Cheshire East Council, along with Suffolk Coastal Council, argued guidance in the National Planning Policy Framework (NPPF) was being applied incorrectly.

The case arose from an application by Richborough Estates to build 170 homes on green gap land between Nantwich and Crewe at Willaston, which Cheshire East rejected.

However, the case went to court because the developers argued - drawing on the wording of the NPPF - that in some circumstances relevant policies for the supply of housing should be treated as ‘out of date.’

This they claimed included green gap land protection.

The judges upheld the developers appeal, but ruled that their specific argument was not legitimate.

The court judgement stated: ‘No one would naturally describe a recently approved green belt policy in a local plan as “out of date”, merely because the housing policies in another part of the plan fail to meet the NPPF objectives.’

Cheshire East Council said the judgement strengthened the hand of all local authorities seeking to protect green gap, green belt and other special sites.

‘This is a landmark ruling, achieved by Cheshire East, which will benefit planning authorities and town planners up and down the country,’ said council leader Rachel Bailey.

‘I am proud that this council had the courage to pursue this action.

‘This means that we can now better protect our local communities from speculative, unsustainable development by ensuring a proper approach to the application of planning policies.’

SIGN UP
For your free daily news bulletin
Highways jobs

Interim Digital & ICT Programme Manager

Jemimah Julien
Negotiable day rate
Looking to speak with interims with a track record of delivering digital and ICT programmes of work, as part of a wider change and transformation p... South East England
Recuriter: Jemimah Julien

Interim Families Programme Manager

Jemimah Julien
Negotiable day rate
Our local authority client is seeking an interim to lead a number of financial improvement programmes within the Families Directorate. Previous exp... South East England
Recuriter: Jemimah Julien

Independent non-executive members of proposed NHS Integrated Care Boards

NHS
Competitive
Do you have the vision to shape the future of health and care for people in your area? Nationwide
Recuriter: NHS

Lead Community Protection Officer

Royal Borough of Greenwich
£37722 - £40869 per annum + value award of £2,472 per annum
2 x Lead Community Protection OfficersCommunity Protection Team(PO3 plus an incremental value award of £2,472 per annum) Permanent Our Community Prote England, London, Woolwich
Recuriter: Royal Borough of Greenwich

School Organisation Project Officer

Camden London Borough Council
£41,952- £48,663
We’re giving a platform to people inside and outside our community. Because, we’re not just home to the UK’s fast-growing economy. Camden, London (Greater)
Recuriter: Camden London Borough Council

Public Property

Latest issue - Public Property News

This issue of Public Property examines how how flexible workspaces can lead the way in regeneration for local authorities, Why local authority intervention is key to successful urban regeneration schemes and if the Government’s challenge of embracing beauty is an opportunity for communities.

The March issue also takes a closer look at Blackburn with Darwen Council's first digital health hub to help people gain control over health and care services.

Register for your free digital issue