Aarhus claim brought by parish sees district council quash permission for 64-home scheme

Legal action by a parish has seen Babergh District Council agree to quash outline planning permission it granted to developer Catesby Development Land for 64 homes.

Babergh gave permission in December 2020 for the homes in Boxford, but Boxford Parish Council brought an Aarhus claim on a number of legal bases, according to Landmark Chambers.

The parish objected that the consent issued failed to secure both a community building and super/ultra-fast broadband, which had been part of earlier planning committee decisions.

Babergh had unlawfully taken into account the payment of funds for an unspecified community purpose, the parish said, and had erred in its consideration of highways matters.

Landmark said Babergh agreed an order quashing the planning permission having accepted that the s106 agreement failed to secure a community building, as required by a resolution of the committee.

The other grounds were maintained by the parish, but not agreed by Babergh.

“The co-operative attitude of the parish council and the concession by the district council enabled the parties to reach agreement in the form of the agreed consent order, for their mutual benefit,” Landmark said.

A Babergh spokesperson said: “Our council is reviewing the application and the legal considerations following judgement in order to proceed to a redetermination of the matter in due course.”

Sasha Blackmore and Joel Semakula of Landmark Chambers acted for the claimant, instructed by David Bowman of Teacher Stern.

Mark Smulian