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Wealden wins at the Appeal Court

The decision by the Court of Appeal which says Wealden was right to move towards a Non-Statutory Local Plan has been welcomed by members of the district council’s Cabinet.

Today’s decision overturns a Judicial Review ruling in March which claimed Wealden’s transitional arrangements were unlawful, and ends over a year’s uncertainty for the plan which will guide major development within the district over the next three years.
“The Court of Appeal upheld the Council’s decision to adopt an economical and sensible approach to the log jam that was developing in the strategic planning process,” said Councillor Keith Whitehead, Cabinet Member for Sustainable Development & Regeneration.

“The decision to go the Court of Appeal was not taken lightly, but we were determined to stand up to pressure from developers hungry for planning permission to exploit the potential of land in their control.”

“We were supported in our Appeal by the Government as it involved an important matter of planning law, and I know many local authorities up and down the country have been eagerly awaiting the Appeal outcome. Our success is testament to the ability of our planning and legal officers at Wealden who have advised us during this long and difficult process,” added Councillor Whitehead.

Wealden District Council will be holding two extraordinary meetings of Full Council over the next month to seek approval for the Plan. This will give elected members the final opportunity to amend the Plan before it comes in to force.

"The new Local development Framework (LDF), and the emerging South East
Plan are the next big challenges for Wealden, and I look forward to the Council working positively on these," said Councillor Nigel Coltman, Leader of Wealden District Council. "Through the LDF we have an opportunity to guide growth within Wealden, including the vital need for more affordable homes, while at the same time preserving our rich landscape and heritage."

"This process involves continued consultation with the Wealden residents and interested parties, and I promise we will listen to all opinions to guide our judgements.”
The Appeal Court judgement handed down follows a hearing on June 23 and 24 this year before Lord Justice Mummery, Lord Justice Mance and Mr Justice Patten between Wealden District Council, and Martin Grant Homes and Taylor Woodrow Developments Limited.

The Court of Appeal today awarded costs to Wealden District Council and refused the respondents leave to appeal to the House of Lords.
Wealden was appealing against a Judicial Review decision by Mr Justice Collins made on March 4, 2005.

Wealden sought to create a Non-Statutory Local Plan in order to make the necessary preparations for the new Local Development Framework and avoid the public expense of having to hold two expensive Public Inquiries within a relatively short period of time.