A HIGH Court judge has ruled that the decision by Communities Secretary Eric Pickles to scrap Regional Spatial Strategies was unlawful.
The strategies, which gave a planning framework to English local authorities outside the capital on house building targets, were introduced in 2004 and scrapped in July by the Coalition Government.
A judicial review was requested by Cala Homes, whose Midlands and Yorkshire operations are based in Henley-in-Arden in Warwickshire, after its plans for 2,000 homes near Winchester were rejected in June by the local council.
Cala Homes argued that it could not launch an appeal against the council’s decision because of a vacuum in the Government’s policy. Sitting in London, Mr Justice Sales ruled in their favour.
The house builder successfully contended that Mr Pickles’ decision required primary legislation and therefore was beyond his powers.
Planning lawyers claim the decision leaves local authorities and developers in limbo as the ruling means RSSs are now material considerations.
A statement issued by Cala 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.”
Business Voice WM executive director James Watkins said: “Construction has needed certainty around planning and liquidity issues for some time.
“They have been worries from the business community that a swift removal of spatial strategies in advance of the Localism Bill becoming law could add to market uncertainty for the construction sector during this harsh economic cycle.
“We hope that this judgment will enable a thought-out transition from the outgoing planning system to the new one to now take place.”
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