Slough Express

Local Plan set for legal battle

Great Park group files for statutory challenge

- By Shay Bottomley shayb@baylismedi­a.co.uk @ShayB_BM

The Borough Local Plan could be heading for the courtroom after campaigner­s raised sufficient funds to mount a legal challenge against its adoption.

On Tuesday, campaigner­s from the Maidenhead Great Park group confirmed they had ‘promoted and funded filing for a statutory challenge’ to the BLP.

It comes after monitoring officer Emma Duncan emailed councillor­s last week to inform them the Royal Borough had received a pre-action protocol letter on behalf of the Great Park group.

The BLP has been a contentiou­s issue for almost a decade, with concerns raised over a potential 2,000 homes on Maidenhead Golf Course as well as the removal of greenbelt land from other sites, including proposals to build 450 homes west of Windsor.

In her email, the monitoring officer said: “The council was advised throughout the process by specialist counsel and remains confident that due process has been followed in making the plan.”

She added that the BLP would have ‘full weight in the planning process’ for applicatio­ns submitted.

According to Ms Duncan’s email, the adoption of the plan has been challenged on four grounds:

1. That the council’s adoption of the Local Plan was ultra vires

When the decision to adopt the BLP was made by full council on February 8, concerns were raised as to whether the ‘correct procedure’ had been followed by asking councillor­s to adopt the BLP without

formal recommenda­tion from cabinet.

At the meeting, Cllr John Baldwin (Lib Dem, Belmont) attempted to propose a motion to refer the BLP to cabinet for approval as a ‘pre-requisite’ before the plan could be brought back for adoption by council, although this was rejected by the monitoring officer who argued that only council could adopt the plan.

2. That the [Government-appointed planning] inspector failed to consider whether lost sporting provision would be provided elsewhere and/or the council proceeded pursuant to a material error of fact in respect of alternativ­e sports provision

In an email seen by the Express, a vote was held by members of Maidenhead Golf Club on January 11 to decide whether the club should release the money to build its own golf course in Fifield. Although 60 per cent of members voted in favour, the motion was not carried as it did not reach the required 75 per cent threshold.

However, in a written response to a public question at the February 8 meeting, then-lead member for planning David Coppinger said: “[On January 11], it is understood that members of the golf club agreed to use the funds that would be released to purchase land for a replacemen­t site.”

3. That the inspector gave inappropri­ate weight to the views of the Environmen­t Agency in respect of site AL38 (Strande Park) and/or failed to give sufficient reasons for departing from

the views of a statutory body

Land adjacent to Strande Park Mobile Home Park in Cookham has been removed from the greenbelt, and a planning applicatio­n has been submitted since adoption of the BLP.

In its consultati­on response, the Environmen­t Agency raised concerns over the site which is located within Flood Zone 3.

It said: “The Exception Test has not been passed as the developmen­t would not be safe for its lifetime, therefore we find policy AL38 to be unsound as it is not justified as it is not based on proportion­ate evidence and it is not consistent with national policy.

“Therefore, the allocation should be removed.”

4. That the council made a material error in fact in determinin­g that it had a fiveyear housing land supply (5YHLS) on plan adoption

According to Government guidance, a five-year land supply is ‘a supply of specific deliverabl­e sites sufficient to provide five years’ worth of housing (and appropriat­e buffer) against a housing requiremen­t set out in adopted strategic policies, or against a local housing need figure, using the standard method, as appropriat­e in accordance with paragraph 73 of the National Planning Policy Framework’.

Its purpose is to provide an indication of whether there are sufficient sites available to meet the housing requiremen­t set out in adopted strategic policies for the next five years.

 ?? ?? The BLP includes proposals for 450 homes in Dedworth.
The BLP includes proposals for 450 homes in Dedworth.

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