Developer launches legal fight over ‘parcel of land’

CREWE-based property company Muller has lodged a judicial review against Cheshire East Council over a dispute for access to a development site in Sandbach.

The legal case revolves around a small parcel of land that is intended to improve the A534/A533 roundabout and forms the access to a residential site on land to the south of Old Mill Road in Sandbach.

Last year, the Council initially refused an application for 200 houses on land.  The decision was overturned in December 2014 by a planning inspector who challenged the Council’s claims and declared it to be sustainable development and granted approval.
 
Muller says it will spend £1.6m on upgrading the roundabout and improvements to Old Mill Road. The inspector stated that these improvements to the roundabout would be a benefit to all road users.

In subsequent months Cheshire East Council has refused to enter into a S278 agreement to formalise these plans and ensure the access to the site and improvements can be made.

Cheshire East Council says that it is unable to enter into a S278 agreement as some of the land needed to implement the highways scheme is “Council land” and not “Highways land”.

However, Muller claims the land has been earmarked for highways  purposes since 1987 when it was compulsory acquired by Cheshire  County Council for construction of the Inner Relief Road.

Colin Muller of Muller Property Group said: “We have reluctantly launched the judicial review as we felt the Council were being unreasonable and not acting in the public interest.

“The site has been granted planning permission and I feel the Council is now doing everything they can to stop it from being delivered.

“As the planning inspector confirmed, our proposals for the roundabout will not only provide access to the new homes but make traffic flow better, which will benefit everyone.

“I cannot understand why the Council is wasting more taxpayer’s money tryingto hold up this process.  I can only conclude that it is a petty attempt to try and stop this development from happening, which isnot in the Council’s remit.

“Over recent years the attitude and behaviour of Cheshire East Council has been worrying.  This has come through with the Local Plan process and the amount of futile appeals that the Council has been fighting, with limited chances of success.

“I estimate the Council has spent upwards of £2m on fighting  appeals. This represents a massive waste of taxpayer’s money and is not in the interest of residents across the borough as a whole.

“I would urge the Council to start to work with developers rather than adopt an antagonistic approach that results in a ‘planning by appeal’ situation rather than recognizing new development brings investment, funds local infrastructure and boosts the economy,  creating new jobs.”

As well as improving the A534/A533 roundabout, Muller claims it will also make significant financial contributions to both primary and secondary schools in the area through its Section 106 Agreement with the Council. The company says this will mean a combined investment by Muller of £820,000 for primary and secondary education in the local area.
 
The proposals include 60 affordable homes for local families that are offered at a substantial discount to the market value, managed through a Registered Social Landlord.

A spokesman for Cheshire East Council said no comment would be made while legal proceedings were ongoing.