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Winchester T: 01962 893 893 F: 01962 893 883
London T: 020 7812 6490 F: 020 7812 6677
info@remarkable-engagement.co.uk
Find out more about Localism visit localism-agenda.com
The Government has issued more advice to local authorities on what consideration is to be given to regional strategies, in another twist.
The move follows CALA Homes' successful judicial review in November, when the High Court rule that Secretary of State for Communities and Local Government, Eric Pickles, had abolished Regional Spatial Strategies (RSSs) illegally in the summer.
That promoted the DCLG to issue a letter stating that, as the Government had previously set out is intention to revoke RSSs, that intention should still form a "material consideration" in determining applications.
This, in turn, prompted a fresh challenge from Macfarlances LLP, which acted for CALA Homes, which led to the High Court granting a temporary stay on the government's guidance.
In the latest twist, the DCLG challenged this, forcing an urgent High Court hearing last week and a compromise deal.
Under the terms of the deal, the DCLG has had to formally publicise the existence of a second judicial review challenge. If successful, it would be unlawful to have regard to the Government's intention to revoke RSSs when applications are determined.
Macfarlanes LLP head of planning Ian Ginbey said: "At present, the final form of the Localism legislation cannot be second-guessed. We are of the view that the draft Bill cannot be relied upon to undermine the content of regional strategies, which are an important part of the development plan."
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