Council stymied on planning appeals after legal advice says no error in law

A district council that took legal advice after four major planning applications were granted approval on appeal has ruled out taking legal action.

Councillors at Cherwell District Council had refused applications to develop 145 homes off Salt Way in Banbury, 70 dwellings in Hook Norton, and two separate applications for 75 and 85 homes in Bloxham.

This was on the basis that the areas were unsuitable for development, and the sites were contrary to the policies detailed within the Cherwell Local Plan. The latter was due to be formally submitted for examination in October.

Developers launched appeals in each case against the decision and these were later called in by Communities Secretary Eric Pickles.

Cherwell’s lack of a five-year housing supply was cited as a reason for the decisions to be overturned.

The council took legal advice on the appeal outcomes but no discernible error of law could be identified.

Cllr Michael Gibbard, Cherwell’s lead member for planning, said: “The council fundamentally disagrees with the decision made by Mr Pickles. However in the eyes of the law this is not enough to constitute a judicial review and such action can only be taken if there have been breaches within the legal process.



“Following a thorough examination of the entire proceedings, our legal experts have been unable to discern any error of law. Therefore while this result is thoroughly disappointing, it is entirely legal and we are unable to continue further with our own appeal."