Monday, June 29, 2009
First published : Planning
Campaigners have vowed to fight on against the proposed Middle Quinton eco-town after failing in their legal challenge against the government`s selection policy.
Better Accessible Responsible Development (BARD) had complained of a failure to consult properly on the policy contained in the government`s April 2008 document Eco-Towns - Living a Greener Future. But Lord Justice Keene refused the group permission to take its case to the Court of Appeal.
In January, BARD`s challenge met with defeat before High Court judge Mr Justice Walker, who ruled that the plans were at a early stage and there would be opportunities for consultation. BARD had hoped to win the right to appeal the decision.
Representing the campaign, Ian Dove QC of No5 Chambers argued that 42 sites had already been dismissed by the government before it named the 13 recommended eco-town sites in the document and therefore prior to consultation.
However, Lord Justice Keene ruled that consultation had been invited at the earlier housing green paper stage. He was wholly unpersuaded that the other sites had been categorically removed from the process. The 13 sites will not necessarily be the only ones considered for the final shortlist of ten.