Eco-town programme heads for the courts

The Government's eco-town in initiative is facing a legal challenge now objectors to one of the proposals from the 15 preliminary shortlisted schemes have announced plans to seek a judicial review of the consultation process.

The project at the centre of this case is the Middle Quinton scheme earmarked for an ex-MOD site and surrounding private land at Long Marston some six miles from Stratford-upon-Avon.

The group fighting this proposal is known as BARD (Better Accessible and Responsible Development). It has instructed top law firm SJ Berwin to take the issue to the High Court.

Simon Ricketts, head of planning and environment at SJ Berwin LLP, said: "To those involved in planning the way that the 'eco-towns' programme is being approached is unprecedented and raises enormous concerns as to fairness. The Government's reforms of the planning system have been aimed at ensuring more consultation, more community involvement and a new system of regional and local plan making based on a robust evidence base and a test of 'soundness'."

He claimed that the "eco-towns competition" ran counter to that. "Ten sites are going to win the competition, their prize being to be named in a national policy statement. Regional and local plans will then need to be reviewed to include them although by the time the sites are in the policy statement it will be too late for any consultation on matters of principle," he said.

Housing and planning minister Caroline Flint has stressed that all schemes will be subject to wide-ranging consultation and played down media speculation that the Government planned to fast-track proposals by using the New Towns Act.

She said: "I have made absolutely clear that all eco-town bids will be subject to the proper local planning process. I've also made clear that people will have numerous opportunities to have their say and we have set out a clear process for this."

She added: "There will be plenty of opportunity for people to have their say over the coming months, and we have already started the first phase of consultation.
"All proposals on the final shortlist will need to submit a planning application and in the vast majority of locations we think the existing planning system will be able to handle the project.

"The New Towns Act is a lengthy process which requires a new statutory body and would probably only be an efficient approach in situations where there are major infrastructure and delivery issues to consider. In these circumstances there would still be full consultation with local authorities and the public."

A number of planning authorities - including Stratford upon Avon District Council and Oxfordshire and Cambridgeshire County Councils - have already been vocal over their objections to individual shortlisted schemes. Leicestershire County Council has signalled it may go to court over the Government's decision to include the Co-op's proposed 15,000-home scheme at Pennbury near Leicester.

Arun District Council has convened a special inquiry, now under way, to consider proposals for an eco-town at Ford near Littlehampton. A panel of councillors plus an expert adviser is taking evidence from the project's promoters and other interested parties.

Roger Milne

29 May 2008