Wealden District Council to appeal against High Court ruling
Wealden District Council has decided to appeal against the High Court decision earlier this month which overturned its non-statutory local plan.
Tuesday’s full council meeting also voted to continue with the non-statutory local plan process until the decision of the Court of Appeal is known.
“The Council has been put in a difficult position, with the High Court Judge, Mr Justice Collins, saying we must follow the statutory code even if it is more economic and sensible not to do so,” explained Council Leader, Councillor Nigel Coltman.
“What we are seeking is for the Court to understand the exceptional circumstances we find ourselves facing with the Local Plan at a time when the District Council has been under great pressure to start implementing its successor, the Local Development Framework. We expect the appeal to have been heard by early summer, which will give us clarity in the direction the Council takes.”
“We understand, in launching this appeal that it will, at the worst, cost the District £60,000, if we lose,” said Councillor Keith Whitehead, Cabinet Member for Sustainable Environment and Development. “A fully twin-tracked Local Plan and Local Development Framework will cost us over £1 million.”
“It is not our wish to defy the High Court. We are merely seeking further guidance. We are not alone among district councils in trying to progress to a non-statutory local plan. But we are the only one so far to have been challenged by housing developers in the High Court.”
The Council decided last May to proceed to a non-statutory local plan in order to move more quickly to the new planning system of producing a Local Development Framework (LDF), introduced by Central Government.
“Wealden’s Cabinet members believe the subsequent public inquiry for the Local Development Framework will provide ample opportunity for individuals to raise concerns about sites.”
The Council believed it was important to have a finalised document against which to deliver the substantial housing allocations imposed on the Council.
“All through the Wealden Local Plan we have sought to follow the democratic process,” said Councillor Coltman. “The Wealden Local Plan Special Review Committee was deliberately created to encourage public involvement in the process.”
“A full public inquiry for the Local Plan would have cost approximately £400,000, and its outcome would not have been known until 2008. With the ten year Local Development Framework replacing the Local Plan shortly afterwards, it did not seem an efficient or cost-effective route to pursue.” he added.
