High Court ruling helps Coombes Farm ..a little

The High Court yesterday (Cala Homes vs Government) ruled that that Planning Inspectors can, on occasion, take into account that Regional Strategies will be abolished if the Localism Bill becomes law, as is expected at the end of the year - it is in its final stages of its passage through Parliament. This was the bone of contention Colonnade had with the original Coombes Farm refusal, and how they manged to eventually get the decision quashed.

Colonnade's Lawyers successfully challenged Eric Pickles' addendum to the Planning Inspector's original refusal. This was because Mr Pickles' had stated that Planning Inspectors could effectively ignore Regional Strategy legislation forthwith, due to the Government planning to abolish the same in its Localism Bill legislation. A High Court Judge originally ruled that this was illegal because legislation had to be passed to abolish Regional Strategies. However, it was later ruled that it made sense, especially when considering large development plans which may be phased over a number of years, that Planning Inspectors, when making a decision, should have an eye to any soon to be introduced legislation (in this case "The Localism Bill")

This latest clarification may also help the Council to get its Core Strategy finally approved by the Planning Inspector. A decision had been expected around now, but the Council asked for it to be delayed to take account of the High Court decision, and also to allow it to undertake some further work to demonstrate that all options had been properly considered in relation to new housing locations.

For me, this latest legal ruling doesn't bring the legal clarity I would have wished. It isn't bold or strong enough enough to end the endless legal challenges. Expect to see Colonnade try to get a second full Inquiry into Coombes Farm as their Lawyers try to find a hole in the Council documentation supporting their original refusal, as well as their ongoing challenges to national policy. Remember, Colonnade's QC, and the QC who has been in the High Court recently appearing for Cala Homes is one and the same.