Developer wins permission for judicial review of approval of local plan by district

The Planning Court granted CK Properties Theydon Bois Limited permission for the challenge last month to Epping Forest District Council’s decision on 14 December 2017 to approve the Epping Forest District Local Plan Submission Version 2017 (“LPSV”).

The council said that CK Properties had complained that its land to the east of Theydon Bois was not allocated for residential development in the LPSV. The company also contends that it has been prejudiced by the unavailability of Appendix B to the Site Selection Report (Arup December 2017), during the Regulation 19 publication period.

The Court ordered that Epping Forest be restrained from submitting the LPSV for independent examination until the final determination of the judicial review claim, or further order. The Court also ordered that the judicial review hearing can be expedited and it is listed for hearing on 23 and 24 May 2018 with a time estimate of 1½ days.

The council said it would be contesting all the claims made and to be heard at the full hearing. However, it acknowledged that the Planning Court’s ruling meant it could not meet the agreed submission date of 31 March 2018.

Cllr John Philip, Planning Portfolio Holder for Epping Forest District Council, said he was disappointed by the Court decision but confident of the final outcome.

He said; “It is frustrating but it is not the end of the road. We are ready to submit the Plan but circumstances outside our control have created this delay.”

Cllr Philip added: “Fortunately, the Government’s deadline  extension means the case can be heard without compromising our position. When all the evidence is placed before the judge, we fully expect to win the review. We are still on target to agree 11,400 homes during the Local Plan period up to 2033.”