Eco-town objectors lose legal struggle

Planning
by Katie Daubney

Better Accessible Responsible Development (BARD), which objects to the Middle Quinton scheme in Warwickshire, brought the case to the High Court and also sought to force the DCLG to reveal all documents relating to the eco-town selection process.

But the judge, Mr Justice Walker, rejected this along with the six grounds BARD had claimed, the main ones being that the government had failed to consult properly on the principle of building eco-towns or the criteria for selecting them.

The DCLG's counsel, Tim Mould QC, argued that the eco-town selection process is still at a "formative stage" and an "imperfect, flawed" consultation process "that could be improved on" was insufficient grounds for intervention. Instead, the consultation process could only be in contention if it were ruled to have gone "clearly and radically wrong", he contended.

The decision vindicates the legality of the DCLG's plans and means that it can continue its consultation on the draft policy statement, which runs until 6 March.

After the ruling, housing minister Margaret Beckett said: "I am pleased the judge has recognised that the government has acted properly and dismissed the review on all grounds."

She added: "Once we have identified a final shortlist of potential locations, developers will need to go through the local planning process, giving people a third opportunity to have their say."

BARD campaign chairman David Bliss responded: "We are disappointed, but this is by no means the end of the road for our challenges to the Middle Quinton proposal. Poorly sited new towns will neither meet their promised eco-agenda nor provide affordable housing in places where people want to live."

BARD now has to pay the DCLG's legal costs. However, it will still have 21 days to decide whether or not to appeal when the formal judgement is issued next week.