International law firm Osborne Clarke has advised Welbeck Strategic Land in successfully defending a High Court challenge brought by Tewkesbury Borough Council in respect of a decision of the Secretary of State to grant planning permission for Welbeck’s site at Bishop’s Cleeve for 550 homes (including 30 retirement units and a high street).  At the same time, the Secretary of State also granted planning permission for 450 homes on a neighbouring site and this decision was also challenged by Tewkesbury Borough Council.

Tewkesbury Borough Council argued that the Secretary of State’s decision was unlawful on the grounds of prematurity and failure to have regard to the fact the Localism Act had brought about a “sea change” in the approach of the Secretary of State to the way he made planning decisions and the weight to be given to the views of local planning authorities.

The Judge dismissed these arguments and confirmed that the Localism Act had not transformed the way planning decisions were made such as the role of the Secretary of State had been eliminated or that long-standing principles and policies had been abolished.

The Judge found there was no basis upon which it could be concluded that the Secretary of State’s decision was unlawful as being contrary to his own policy as a result of, or included within, the Localism Act.

John Baird, Planning Partner at Osborne Clarke says:

“The High Court decision reinforces that while the Localism Act gives local communities more say on the scale, location and timing of developments, this will depend upon the preparation of local plans which makes provision for the future needs of those areas.”
Welbeck Strategic Land were advised by Osborne Clarke who instructed  Ian Dove Q.C. and Satnam Choongh of No. 5 Chambers.

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