High Court reaches a verdict in battle over residential development

DEVELOPERS Prospect Estates have defeated a legal challenge to a proposed residential development in Huddersfield.

The Clayton Fields development will now deliver 41 new homes in Huddersfield.

Initially, Kirklees Council had not responded to the application in the allotted eight weeks, but planning permission was granted after an appeal to the Secretary of State.

Following this, a legal challenge was brought by Jonathan Adamson, chairman of the Clayton Fields Action Group. Concerns were raised over levels of affordable housing contribution, boundary and procedural complaints.

All grounds of challenge were dismissed in a hearing in January, before Mr Justice Ouseley, who was sitting in the Leeds High Court.

The nearly 350,000 sq ft site was registered as a village green following an application by Clayton Fields Action Group in 1997, in an attempt to prevent development on the site.

It was tied up for several years in litigation, and the village green status was overturned by the Supreme Court in 2014. It favoured landowners Paddico in its judgement.

Now, development can begin on the new homes.

Prospect Estates and Paddico have been advised by Lee Gordon, head of planning law at Weightmans based in their Leeds office.

Mr Gordon commented: “I’m delighted for the clients who have worked tirelessly throughout the planning process to address local concerns.

“The claim was scrutinised by a senior London planning judge (sitting in Leeds) who held no error of law had been made and that the Inspector was perfectly entitled to reach the decision he had.

“New housing developments are often contentious, but the case demonstrates the high hurdles that claimants face when seeking to challenge well prepared applications and well reasoned planning decisions”

John Lund, chairman of Prospect Estates commented: “‎‎We are very pleased that the judge has upheld the decision by the independent planning inspector to grant planning permission at our site.

“The scheme will deliver much needed housing as part of a sensitively designed scheme which has followed extensive consultation with Kirklees Council and local residents”.

TheBusinessDesk.com has reached out to Clayton Fields Action Group. Initially, they said they were “discussing our media approach,” but repeated attempts to contact them have been met with no response.