Out-Law News 1 min. read
19 Mar 2012, 3:01 pm
Manydown claimed that during the Local Development Framework preparation process, the Council prematurely classed the land as unavailable for development and therefore did not include it in the Core Strategy. The High Court has reserved its judgment, which is expected shortly.
Manydown claimed that the Council's Strategic Housing Land Availability Assessment prematurely took the view that the site was "unavailable" for development, which meant that the land was not considered for inclusion in the core strategy.
Richard Ford, of law firm Pinsent Masons, said: “The quality of SHLAAs is an area where increased challenge risk is being seen. This case serves as a reminder for all local authorities to take care over the quality of the SHLAA which is produced, and to follow the DCLG guidance carefully”.
Manydown claimed that, by refusing to consider its decision not to promote the land for development, the council fettered its own ability to properly exercise its planning functions.
The Council has argued that a full assessment of the site was carried out, including assessing the pros and cons of development on the site and its availability. A public consultation was also carried out which showed that the local community favoured a more dispersed approach for housing for the Core Strategy’s spatial distribution of housing, and were opposed to one large development, the Council said.
The site was also deemed unsuitable due to other factors, including infrastructure; loss of agriculture and heritage; and archaeological factors at the site, the Council said.
Manydown has a 35 year lease on the land under a sale and leaseback agreement with the Council. It sold the land to the Council 16 years ago for £10 million, with the intention that the Council would achieve better planning of the area by ensuring high quality comprehensive development.
The Manydown Executive Committee of the Council is due to discuss a report (9-page / 128KB PDF) on Tuesday 20 March to consider the work required to promote the site in a future Local Development Framework.
