CALA Homes takes government to court for second time over RSS abolition

The City law firm advising CALA Homes has brought a second round of proceedings against the government over its approach to the abolition of regional spatial strategies (RSS).

Ian Ginbey, a partner at Macfarlanes, said: “I can confirm that we have issued a further claim for judicial review against the Secretary of State, following his statement on 10 November and the associated 'Chief Planner' letter that was sent on the same date to all local planning authorities in England.

“We are seeking (amongst other things) a declaration from the Court that the government's stated intention to enact primary legislation in the future to abolish Regional Strategies is not a material consideration for determining planning applications etc.  As with the previous claim, we have sought expedition.”

Earlier this month Communities Secretary Eric Pickles insisted that very little had changed after the High Court upheld CALA Homes’ challenge to the government’s abolition of the RSS, on the grounds that the minister had acted outside his statutory powers.

The Chief Planner, Steve Quartermain wrote to all local planning authorities and the Planning Inspectorate after the ruling “confirming that they should have regard to this material consideration (revocation of the strategies) in any decisions they are currently taking”.

However, leading lawyers subsequently warned that local authorities could potentially face legal challenges against their decisions if they do not take into account the housing targets within the RSS when determining planning applications.