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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 High Court has temporarily blocked the government claim that the intention to revoke Regional Spatial Strategies (RSSs) should form a material consideration in consideration of planning applications.
The letter was issued by Steve Quartermain, chief planner at the Department for Communities and Local Government, following CALA Homes' High Court win earlier this month. The developer had sought judicial review of Eric Pickles - Secretary of State at the DCLG - following his revocation of RSSs under delegated legislation.
The letter prompted a second legal challenge from CALA Homes, in which it sought a declaration from the court that the government's stated intention should not form a material consideration when determining applications. The claim has been expedited with the effect that both the government's statement and the letter are stayed until further notice.
Ian Ginbey, head of planning at Macfarlanes LLP, representing CALA Homes, said:
"In the absence of substantive transitional provisions, we are seeking to restore some clarity to the planning framework. We are of the view that decision makers should not have regard to a mere intention to change the law at some indeterminate point in the future.
"The Court has agreed with this approach, pending a full legal hearing into the lawfulness of the secretary of state's statement and the chief planner's advice.
"As such, until the outcome of that hearing is announced, it is clear that decision makers should have full regard to Regional Strategies as part of the statutory development plan."
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