Cheshire East loses High Court housing battle

CHESHIRE East Council has failed in its bid to overturn the decision of a planning inspector in the High Court.

In April a planning inspector gave the go-ahead for a 94-home scheme at Elworth Hall Farm, Dean Close, Sandbach, put forward by Rowland Homes, ruling that Cheshire East does not have a five-year housing supply.

The council’s planning committee had earlier blocked the proposal which had attracted widespread opposition.

It challenged the inspector’s decision saying he failed to assess whether Cheshire East had a five-year supply of land. The authority also said the inspector failed to recognise an obligation under the European Habitats Directive with protected species including bats and great crested newts.

But the judge dismissed the claims saying the planning inspector was entitled to add a 20% buffer to the five-year supply, arguing that the authority had missed its housing targets repeatedly since 2008. He identified a shortfall of 3,000 homes over six years.

In his judgement Justice Lewis said: “The inspector correctly considered the question of whether or not the claimant was able to demonstrate it had a five-year supply of housing land. The inspector was entitled to reach the conclusion that the claimant had not done so and gave adequate intelligible reasons for that conclusion.

“In those circumstances, the inspector correctly considered the question of whether the proposed development represented sustainable development. He was entitled on the material before him to conclude that it was.”

A spokesman for Cheshire East said: “The adjudication in the High Court is being studied but the judgement determines only that the previous decision by the planning inspector was lawful and that the Inspector was entitled to reach the conclusions that he did; that the reasons he gave were adequate.

“In a legal challenge of this nature, the Court did not have to consider the planning merits of the case. The council may issue a more detailed statement when it has had the opportunity to study the court decision in detail.”

Preston-based Rowland Homes is owned by Paul Rowley.

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