The Council granted permission for the scheme in March 2011. SOP claims that the Council wrongly used its draft Local Plan to approve the development, according to reports. It also claims that that the Council acted unlawfully in suggesting to the Axminster Carpets that it should bring forward its plans in advance of the draft Local Plan being fully consulted upon in the town.
SOP said it was in favour of development in Axminster and affordable housing, but that it objected to the location of the proposed development. It said that permission had been granted despite widespread opposition among Axminster councillors and residents.
Supporters of the scheme have said that the extra homes would improve the town's prosperity and provide more jobs and deliver "much-needed" affordable homes according to local reports.
“This legal challenge takes place against the background of a high level of national political, professional, legal and public interest in the draft National Planning Policy Framework, and its likely implications; and more generally the role of the planning system in facilitating sustainable development, economic growth, the resolution of a national housing shortage, the protection of the countryside and the enhancement of the natural environment," said a spokesman for the Council at the time SOP was granted permission to launch the challenge.
The hearing in the High Court started yesterday and is scheduled to last two days.
