Out-Law News

High Court rejects challenge to permission for 400 Lincolnshire homes


An application for judicial review of South Kesteven District Council's decision to grant planning permission for Commercial Estate Group's 'Stamford West' scheme has been rejected by a High Court judge, Planning Magazine has reported .

The Council granted outline planning permission for the mixed-use development, which comprises a 10-hectare business park and 400 new homes, earlier this year.

Frank Gilman, a member of the Stamford Chambers of Commerce, brought a challenge to the decision claiming that the Council had acted irrationally and failed to consider whether there was sufficient land within the built up area of the town to meet Stamford’s needs, and whether there were more sustainable sites.

According to the reports, Gilman claimed that the planning committee had been wrongly advised that the Council did not have a five year housing land supply as required by the National Planning Policy Framework and that it therefore wrongly took the view that there was a shortfall in housing supply. Gilman also claimed that the shortfall was "small" rather than "significant" as the committee was advised.

The judge rejected the application and said she was "unable to accept" that there were arguable grounds on which it would be appropriate to grant permission for judicial review. "Essentially this is a challenge to the merits of the grant of planning permission," she said.

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