Ruling on spatial strategies muddies waters, says lawyer

A NEW High Court ruling over the scrapping of regional housing targets will lead to more uncertainty and further delays in planning applications for new housing schemes, warns law firm DLA Piper.

In a case brought by housing developer Cala Homes, the High Court ruled yesterday that Communities Secretary Eric Pickles acted unlawfully when he abolished Regional Spatial Strategies – the plans which set housing targets across councils in England.

Kate Creer, planning partner at law firm DLA Piper, said: “This is a hollow victory which will only heap more confusion onto a process which is still reeling from the changes made in July. 
 
“Scrapping spatial strategies created a policy vacuum and many local authorities have since been trying to put their own strategies in place without any guidance. This decision effectively takes these authorities back to square one.

“However, it is unlikely to mean that housing developments rejected since July will now go ahead. With the government promising to legislate for planning reform in the near future, we are likely to see local authorities dragging their feet and using stalling tactics until then.

“This is a step backwards which will create more uncertainty for the development industry at a time when few firms can afford it.”

A statement issued by Cala in response to the ruling said: “We are pleased that this will restore clarity and confidence to the planning system in this interim period until new arrangements are formally put in place following Parliamentary approval of the expected Decentralisation and Localism Bill.

“Cala Homes fully endorses the Government’s desire to have greater local community involvement in planning but believes that the new approach will take some time to evolve into a successful process and transitional arrangements are essential to avoid a policy vacuum.

“With regional strategies remaining in place we have a clear legal framework to operate within to ensure that much needed housing delivery is maintained until the new arrangements have had time to settle down and become effective.”

Communities Minister Bob Neill said: “This judgement changes very little. Later this month we will be introducing the Localism Bill to Parliament, which will sweep away the controversial regional strategies.

“The Government remains firmly resolved to scrap this layer of confusing red tape. Instead, we will work with local communities to build more homes.”