Resident successfully challenges removal of Local Green Spaces status for playing fields

A local resident has won a High Court challenge over the removal of Local Green Spaces (LGS) status for playing fields from the London Borough of Richmond’s Local Plan.

The Teddington Society and Friends of Udney Park had applied for the status for Udney Park Playing Fields, a 12.5 acre site and following consultation, the Council adopted LGS status for the fields as part of the Richmond Local Plan.

During the public examination of the Local Plan the Council defended the LGS status while Quantum, a developer looking to obtain planning permission for 107 apartments, sought to have it removed.

In his report on the examination the planning inspector recommended a main modification removing LGS status from Udney Park. Richmond considered itself bound by the report and so gave effect to the main modification when it subsequently adopted the Local Plan.

The claimant argued that the main modifications did not make it clear that they included de-designation of the site, and therefore those in favour of retaining the designation were not given a proper or real opportunity to make representations on the point at this stage of the examination.

As a result, the claimant said, they were substantially prejudiced. Had they been made aware that this was a matter to be addressed in the consultation, they could and would have submitted further evidence and arguments on the point. They said it was conceivable in this event that the outcome would have been different, ie designation would have been retained.

Neither the Council nor the Secretary of State sought to defend the claim, but Quantum sought to resist the ground of challenge arguing that the de-designation of the site as LGS was not and could not have been the subject-matter of main modifications; accordingly, the Council, in undertaking the related consultation, was not obliged to refer to it. There was therefore no procedural error in the main modifications consultation process which was the only challenge made against the council, it added.

Mr Justice Waksman upheld the claim, saying that the claimant and Friends of Udney Park had suffered sufficient substantial prejudice as a result of the procedural defects. He quashed the relevant part of the Local Plan.

Richmond Council will now hold a six-week consultation on the inspector’s decision that had removed Udney Park’s LGS status from the Local Plan.

Peyto Law Acting for Epping Forest District Council as Local Plan Examination Hearings Get Underway

The Local Plan examination hearings for Epping Forest District Council (EFDC) got underway this morning (12 February 2019) at the Council Offices in Epping.

Louise Humphreys has been instructed by EFDC to provide legal advice and assistance to the Council during the examination process, working alongside Mark Beard of 6 Pump Court.

The first part of the hearings will focus on legal compliance; the plan’s context, vision & objectives and sustainable development; place-shaping & general masterplan approach; and the quantitative requirements for development.

The second part of the hearings, which will commence on 25 February 2019, will focus on the spatial strategy and distribution of development before a short break until mid March.

The hearings are being webcast and you can follow them here. Alternatively you can find out more about the examination process at the examination website.

Communities Secretary issues directions over Local Plan failure to two Councils

The Secretary of State for Communities, James Brokenshire, has issued directions to two local authorities, Wirral and Thanet Councils, on preparations for their Local Plans.

In both cases the minister said the requirements of s.27(1) of the Planning and Compulsory Purchase Act 2004 had been met for intervention in view of the councils’ failure to get a Local Plan in place.

The two local authorities are now required (within ten weeks of the letter for Wirral and four weeks for Thanet) to designate a lead councillor and lead official to be responsible for progressing preparation of the Local Plan.

In addition, Wirral has also been directed to publish an action plan, which must be verified by independent planning experts, and report monthly to the Ministry on progress whilst Thanet has also been directed, within eight weeks of the date of the letter, to amend its Local Development Scheme (dated July 2018) to provide for the completion of a review of their Local Plan within six months of its adoption.

Stevenage Borough Council in judicial review challenge over delays to Local Plan

Stevenage Borough Council has launched a judicial review challenge over the temporary holding direction of its Local Plan.

The Stevenage Borough Local Plan was submitted to the Secretary of State for Communities and Local Government on 21 July 2016 and received a positive inspector’s report in October 2017 recommending its adoption.

The council said that following the imposition of the holding direction, it had provided detailed information to the Ministry of Housing, Communities and Local Government (MHCLG) with all questions responded to by the start of last year.