Campaigners and council bring legal challenge over grant of planning permission for 975-home scheme on land owned by charity

The claim is being brought by Buckinghamshire Council and action group SENSE4CSP.

The proposed scheme would see up to 975 homes and other facilities built on the 300-acre (121-hectare) Buckinghamshire site in Chalfont St Peter owned by the Epilepsy Society. The sale of the land to a developer would raise £93m for the charity, according to the BBC.

The Epilepsy Society first submitted its plans in September 2022 and it appealed when the council did not make a decision on the application.

The Secretary of State approved the plans on 29 June this year, after agreeing with a recommendation made by the planning inspector following a public inquiry.

According to SENSE4CSP, the inspector and the Secretary of State concluded that the application amounted to "inappropriate development in the Green Belt", but that "very special circumstances" applied and therefore permission should be granted.

SENSE4CSP said this month that their team had “carefully considered the decision and after taking appropriate legal advice, our barrister has expressed the view that there are reasonable legal grounds for the decision to be challenged in the High Court".

The claimants are seeking a statutory review under section 288 of the Town and Country Planning Act 1990 and submitted a statement of facts and the grounds of their claim to the High Court earlier this month.

SENSE4CSP said in a message to supporters: “The papers are now being reviewed by a judge who will decide whether our argument achieves the necessary threshold for our case to be heard orally before a judge sitting in the Planning Court of the High Court in London.”

The group expects to hear a decision by the end of September or early October.

Steven Broadbent, Leader of Buckinghamshire Council, said: "The council has decided to challenge the Secretary of State's decision to approve the Epilepsy Society development of more than 900 homes on Green Belt land. Having considered legal advice, I believe there are important questions about how the decision was made, particularly the balance between the benefits of the development and the impact on the Green Belt.

"The council is therefore asking the High Court to review the decision. The Court will not decide whether the development should go ahead. Its role is to consider whether the decision was made lawfully."

Cllr Broadbent added: "Even if the council's challenge is successful, the Court may simply require the Secretary of State to look at the application again. This could still result in the same decision being reached.

"However, given the concerns that have been identified, I believe it is right that the decision is independently reviewed by the Court."

Chief Executive of the Epilepsy Society, Clare Pelham said: "Permission to challenge a planning decision in the High Court may be requested on the basis that it was not made in a proper or lawful manner.

“We have no reason to believe that the Secretary of State did not follow a fair process or fully comply with all relevant legislation in reaching a reasonable decision and we are disappointed that SENSE4CSP and Buckinghamshire Council have chosen to pursue this option. 

“This planning decision will unlock future funds for vital research which is potentially life-changing for hundreds of thousands of people with epilepsy in this country. It is tragic that transformational research, as well as much-needed housing, is being further delayed in this way. We hope for a swift conclusion to this legal action."

Harry Rodd