A judge has refused to hear an appeal by Tendring District Council (TDC) against a proposed housing development in Holland-on-Sea.
TDC had refused planning permission for the site in Sladbury’s Lane, where developers had applied to build up to 132 homes.
The Council’s decision was reversed at appeal by a Planning Inspector, and TDC had then sought to challenge this decision in the courts.
However a High Court planning judge has refused the Council’s application for a judicial review. She ruled in her decision, taken without a hearing, that there was no perceived error in law and that it was not for the courts to decide on the merits or otherwise of a planning matter.
The court has also ordered that TDC pay for the Secretary of State’s costs for responding to the judicial review application.
Cllr Neil Stock, Leader of TDC, told a meeting of full Council last night (Tuesday, February 6) that the Authority would reluctantly accept the decision.
“Our external legal Counsel has reviewed the Judge's refusal and confirmed that whilst disappointing, the planning court has, over the last 6-12 months, been very dismissive of any claims which stray into the planning merits at all, even if there is an arguable error of approach or law,” he said.
“There is no increased prospect of success in persuading the court that an arguable error of law exists by proceeding further.
“When we decided to take legal action to challenge the inspector’s decision it was done based on solid reasons and it is unfortunate that on this occasion we have not been successful.
“The inspector’s decision was based on specific information about this particular application and I am determined it will not alter the Council’s resolve to present robustly the housing land supply position and defend its decisions as necessary.”