Lichfield District Council says it is “very disappointed” after losing a High Court legal challenge against a decision to allow 750 new homes to be build on land in Curborough.
The local authority had challenged the decision by the Secretary of State to grant planning permission.
It had previously been rejected by the council who say the decision challenges the overall protection offered by the creation of a Local Plan.
Cllr Ian Pritchard, Lichfield District Council’s Cabinet member for development, said the Government’s desire to see new homes built had been given precedence over local views – and those of an independent inspector who had backed the initial decision to refuse planning permission for the scheme.
“While we accept the High Court’s view that the Secretary of State’s decision was not unlawful in disagreeing with the planning inspector, the fact remains that this is a bad decision for Lichfield District and for the planning system in England,” he said.
“By producing up to date local plans and planning to meet needs within an area, national planning policy makes it clear that local authorities, such as Lichfield District Council, will be supported in refusing applications that are not in accordance with a plan. This is a well-established and understood principle that provides certainty and confidence in decision taking.
“Unfortunately, in this case the Secretary of State’s desire to see more houses developed in England has completely overridden any other considerations, including the fact that we are planning to meet our needs and carrying out this responsibility.”
The initial refusal in May 2014 was given on the grounds that the site had not been allocated for development and that it was considered an unsustainable site. There were also concerns that views of Lichfield Cathedral would be disrupted, along with ancient hedgerows and trees.
But in September of that year, the Secretary of State stepped in and allowed an eight day public inquiry to take place in March 2015, where the independent planning inspector agreed with the initial refusal.
However, in February 2017 opted to grant the planning permission, citing the economic benefits the development would have to the local housing market.
Lichfield District Council launched a High Court appeal in July 2017, where the local authority said, given there had not been a clear failing in law or in the interpretation of law that it would not be for the courts to intervene.
He also indicated the council would not be allowed to appeal the decision at the Court of Appeal.
