Out-Law News | 29 May 2014 | 4:44 pm |
Blaby District Council granted outline approval in January for a scheme including 4,250 homes; a mixed-use district centre; and two local centres, south-west of Leicester. The accompanying section 106 agreement provided for two payments to the police to cover the costs of policing the new district, one following the occupation of the first 2,600 homes and a second once 3,750 homes are occupied.
The commissioner applied in March for a judicial review of the decision to grant outline permission. The commissioner contested that the timing of the payments to the police was irrational because no money would be received to provide for additional policing until many of the homes were already occupied. The commissioner also complained that the police had not adequately been involved in negotiations prior to approval being granted.
Rejecting the commissioner's claims, Mr Justice Foskett said that, although certain details of the police contribution in the section 106 agreement might require further thought, there was no evidence that the decision-making process had been irrational or unfair.
The PCC has until 3 June to seek permission to appeal.