Cheshire East Council and Suffolk Coastal District Council are launching a Supreme Court legal challenge \u2018to prevent developers \u2018riding roughshod\u2019 over over councils\u2019 development policies\u2019.<\/u>\u00a0<\/u><\/p>\n
Cheshire East Council writes:
\n<\/u>Cheshire East is to seek a Supreme Court ruling in a bid to protect local planning powers and prevent developers \u2018riding roughshod\u2019 over councils\u2019 development policies.<\/p>\n
Cheshire East Council Cabinet is spearheading a landmark \u2018leave to appeal\u2019 to the highest court in the land to challenge a Court of Appeal ruling which undermines the scope and force of council planning policies to shape development.<\/p>\n
The aim is to maintain the significance of Local Plans and Neighbourhood Plans in determining applications for development even where a Council cannot show it has the required five-years\u2019 deliverable housing land supply identified.\u00a0 The Council\u2019s decision follows a reversal in the Court of Appeal of Cheshire East\u2019s earlier court success that had overturned a planning inspector\u2019s decision to grant developer Richborough Estates permission to build 146 houses at Moorfields, in Willaston.<\/p>\n
Councillor Ainsley Arnold, Cheshire East Cabinet member for housing and planning, said: \u2018We have thought about this long and hard and it is not something we do lightly. However, this court decision is too important to be allowed to go unchallenged.\u00a0It is clear to us it would have deeply detrimental implications for councils across the country and their powers to protect local communities from unplanned and unsustainable development.\u00a0We are a Council that puts its residents first and believe this action is necessary to protect local people, their communities and our beautiful Cheshire East countryside. Otherwise, developers will be able to ride roughshod over locally-decided development policies.\u2019<\/p>\n
Cheshire East\u2019s Supreme Court legal challenge is a joint action with Suffolk Coastal District Council, which was also affected by the same High Court ruling regarding the weight, scope and force attached to council planning policies.\u00a0If the two authorities are granted leave to appeal, against the court\u2019s interpretation of paragraph 49* of the government\u2019s National Planning Policy Framework (NPPF), the case will likely be heard by the Supreme Court in London later this summer.<\/p>\n
View the press release<\/a><\/p>\n","protected":false},"excerpt":{"rendered":" Cheshire East Council and Suffolk Coastal District Council are launching a Supreme Court legal challenge \u2018to prevent developers \u2018riding roughshod\u2019 over over councils\u2019 development policies\u2019.\u00a0 Cheshire East Council writes: Cheshire East is to seek a Supreme Court ruling in a … Continue reading