Stevenage's plan linked to the plan put in place by North Hertfordshire District Council. But North Hertfordshire's plans changed, which made Stevenage's "unsound', the High Court has ruled.
The Court ruled that North Hertfordshire District Council was lawful in factoring into the plan preparation process the impending revocation of regional strategies to its draft core strategy document.
The Planning Inspector declared Stevenage's core strategy unsound because its housing strategy targets relied upon growth in a neighbouring county as set out in the East of England Plan. In the Inspector's view, Stevenage could not rely on this growth because the East of England Plan was to be revoked. The core strategy was, therefore, found to be "undeliverable".
Stevenage's draft core strategy proposed an urban extension, as required by the regional strategy, which included housing provided by both Stevenage Borough Council and North Hertfordshire District Council.
North Hertfordshire, however, subsequently said that it would not dedicate resources or work on the proposed urban extension until a decision had been made on whether or not regional strategies were to be revoked. In the meantime, North Hertfordshire District Council also proceeded to publish its timetable for the adoption of its core strategy.
The Inspector found that Stevenage's core strategy was not "sound" as it depended upon the co-operation of North Hertfordshire to meet its housing targets, which was unclear given North Herefordshire's decision to suspend all urban extension work until a decision on regional strategies had been made.
Stevenage's subsequent judicial challenge contended that the proposed abolition of regional strategies can never be a relevant consideration in the plan making process. It relied on the decision in a case involving CALA Homes in which it was ruled that a decision-making power must promote the legislation conferring that power.
The Court, however, accepted the submissions that the claim by Stevenage was a collateral attack on North Hertfordshire's local development framework, which was still only in draft form and not yet adopted. The judge also found that North Hertfordshire was entitled to take into account the anticipated revocation of regional strategies in its timetabling and undertaking preparatory work for its Core Strategy, according to Landmark Chambers, the barristers acting for the Secretary of State in the case.
In deciding whether or not North Hertfordshire was entitled to take into account the potential revocation of the regional strategy, which is contrary to the decision in the CALA Homes case, the judge concluded that the development plan must be in general conformity with the regional strategy at the stage when it is submitted for examination but that there is no earlier obligation in relation to general conformity.
The Court ruled that the statutory scheme gives a flexibility at earlier stages in the plan-making process which it removes at the stage of submission for examination.
