Legal challenge to district’s Local Plan

From the archive, first published Thursday 24th Aug 2006.

A DEVELOPER is to challenge Winchester City Council in the High Court over the adoption of its Local Plan.

Cala Homes, which has an interest in the Barton Farm site, issued a writ which was served on the council on Tuesday afternoon, on a number of points of process.

Council leader, Cllr George Beckett, in consultation with the city solicitor, immediately began plans to instruct a QC to defend the action.

Cllr Beckett told the Chronicle yesterday (Wednesday): "The city council is confident that the process we used is quite proper and the challenge will fail.

"Effectively, they are challenging the Government public inspector as well as the city council.

"The plan, as adopted, remains in force regardless of this challenge"

He added: "We will respond to the writ and appoint a QC to represent the council.

"The matter will be set down for some future date, probably at least in six months time."

Cllr Beckett said the process the city council used in adopting the Local Plan was a result of the inspector's recommendations.

On July 7 this year, the council adopted the Winchester District Local Plan (Review 2006) to supersede the one of 1998.

It is subject to a six-week period for High Court challenges, which ends today (Thursday).

The plan was prepared by the city council, together with Hampshire County Council as the highway authority.

Objections to the plan were considered at a public local inquiry held between June 2004 and March 2005. The inspector's report was published in September 2005, and proposed modifications to the plan were produced in January 2006.

The adopted policies form part of the development plan and land use for the Winchester district.

There is a 16-page chapter devoted to any future major development at two sites - one at Barton Farm, and west of Waterlooville.

Last autumn, Cala Homes appealed against the failure of the council to permit the building of up to 2,000 homes on the 208 acres of land at Barton Farm, close to Andover Road.

Protesters from the Save Barton Farm Group and Winchester City Residents' Association, were among those who attended the public inquiry appeal, which was rejected by the inspector.

However, at that time, Gavin Blackman, who chairs the Save Barton Farm Group, predicted: "It's good that we've won the battle, but the war still needs to be fought."

No-one from Cala Homes was available for comment.