Another week, another development in the ongoing Regional Strategies saga.
In November, I wrote that, following a judicial review launched by Cala Homes (South) Ltd, the High Court had ruled that the revocation of the Regional Strategies was unlawful and that the High Court had put a temporary block on the Government’s guidance – published in a letter to all local planning authorities (LPAs) – that its plans to abolish the Regional Strategies must be regarded as a material consideration when making planning decisions. The temporary block will stay in place until the full legal hearing into the lawfulness of the revocation is heard in early 2011.
In the wake of the High Court ruling, the Planning Inspectorate has issued a statement, informing LPAs and planning inspectors that:
1. The Government is defending the judicial review challenge issued by Cala Homes (South) Ltd; and
2. Until the outcome of the aforementioned judicial review, LPAs and the Planning Inspectorate will need to consider whether the existence of the legal challenge and the basis of it (i.e that the Government’s intended revocation of the Regional Strategies in the forthcoming Decentralisation and Localism Bill is immaterial to the determination of planning applications and appeals before the revocation of Regional Strategies) affects the significance and weight that they should attach to the Government’s statements and guidance.
UPDATE: The Localism Bill will be published on Monday 13th December. The news was announced on Twitter last night by the Communities secretary Eric Pickles. Mr Pickles tweeted “Localism Bill will be introduced next Monday. Lots of power to Councils.” We will analyse the content (and potential implications) of the Bill in due course.
UPDATE (Feb 2011): Cala Homes (South) Ltd has lost its High Court challenge against the Government’s claim that its intention to abolish the Regional Strategies should be considered by local planning authorities when ruling on planning applications. Click here for full details.
