Partly Cloudy

Partly Cloudy

max temp: 22°C

min temp: 17°C

ESTD 1874 Search

Martlesham Heath: Legal challenge against council’s blueprint for 2,000 homes near BT’s Adastral Park

15:35 17 January 2014

Suffolk Coastal District Council

Suffolk Coastal District Council

Archant

A district council failed to properly investigate the impact on the River Deben of 2,000 proposed new homes near BT’s Adastral Park, a High Court hearing has been told.

shares

The campaign group opposed to the plans began its legal challenge yesterday against Suffolk Coastal District Council’s blueprint for growth in the area.

No Adastral New Town (NANT) says the council failed in its legal obligations to consider the effect on the Deben estuary, when it approved the site at nearby Martlesham Heath for the extensive development.

NANT – which maintains the development will have an “irretrievable negative impact” on the area – is asking Mrs Justice Patterson 
to quash the allocation for 2,000 homes.

Any such decision would force the council to go back to the drawing board on its future housing plans for the district – set out in the Core Strategy of its Local Development Framework.

Opening the case on behalf of NANT, a leading environmental lawyer, Richard Buxton, said that it was a “rather complex story” and that the proceedings involved a huge amount of evidence.

He said: “The problem we have here stems from the fact of the proximity of the Deben Estuary not being investigated at an early stage. That is what has caused us to be in court today.

“It is about the council not 
investigating what it should have done when it should. It ignored an essential piece of background to its plan when it should have thought about its implications from day one.”

He argued that the council did not have the “good grace” to accept that it made “a number of highly regrettable errors”, which he said included the “serious error not to consider the highly protected status of the Deben Estuary when it started out in 2006”.

He alleged that this was a failure to meet the council’s obligations under the European Habitats Directive and that, in additional breach of the Strategic Environmental Assessment Directive, it went down the route of its preferred option without making a “sustainability appraisal”.

He continued: “Crucially, in the mean-time, it reached a final decision in July 2008 without consideration of the Devon Special Protection Area (SPA).”

That July 2008 decision, he said was “vitiated for various reasons”, including the failure to take into account the special status of the internationally recognised SPA.

He claimed that the council compounded the situation in September 2008 by increasing the allocation of houses from 1,050 to 2,000 “without any consideration of the alternatives for the extra 950 houses” and without explaining it in a lawful way to the public.

Lawyers representing the council are vigorously defending the Core Strategy at the two day hearing. The judge is likely to reserve her decision in the complex action, and to give a written ruling later this year.

The hearing continues.

shares

6 comments

  • NIMBY's! This country desperately need new housing and it has got to go somehwere, but no-one wants it near them.

    Report this comment

    N M

    Friday, January 17, 2014

  • Perhaps we should know where the money is coming from to fund this case? Could it be other land owners who fear their schemes for development will fail if the most sensible development proposal for the area proceeds.

    Report this comment

    amsterdam81

    Friday, January 17, 2014

  • Cmon, don't be selfish, we need an increase catchment area (northern fringe, adastral park area) to increase shoppers to Ipswich town centre!

    Report this comment

    Ipswich Entrepreneur

    Friday, January 17, 2014

  • "Devon knows" ?

    Report this comment

    freedomf

    Friday, January 17, 2014

  • I quote “Crucially, in the mean-time, it reached a final decision in July 2008 without consideration of the Devon Special Protection Area (SPA).” I'm guessing you mean Deben SPA ?

    Report this comment

    Sir Casm

    Friday, January 17, 2014

  • How much is all this going to cost the tax payer ? Glad I do not live in the South Suffolk DC area as it must mean higher council tax bills to cover it.

    Report this comment

    The original Victor Meldrew

    Friday, January 17, 2014

The views expressed in the above comments do not necessarily reflect the views of this site

Lord Deben John Gummer, Christine Block, from Deben Estuary Partnership, Karen Thomas, from Water Management Alliance, Graham Henderson, from DEP, Simon Amstutz, from AONB, Therese Coffey MP, David Kemp from the Environment Agency, and Suffolk Coastal District Councillor Andy Smith gathered to launch the Deben Estuary Plan.

Three years of work have created a new community-led blueprint to protect and manage one of Suffolk’s treasures, the River Deben estuary

Detectives investigating a burglary at a home in Colchester have issued an efit of a man they would like to identify in connection with the incident.

Age UK is looking for volunteers to take part in a video

Bosses at Age UK Suffolk are looking for 10 older people to take part in a new promotional video that is being made to show off the work of the charity.

Andrew Gaskell, who was almost totally paralised in a scrum accident playing for Bury St Edmunds Rugby Club in 1998, lost body hair in a bid to raise £5.500 for a standing wheelchair.

A former Bury St Edmunds Rugby Club player who was partially paralysed in a scrum accident 17 years ago has gone for the smooth-bodied look in a bid to raise more than £5,000 for a specialist piece of equipment.

An Abellio Greater Anglia train at Colchester

Rail delays at Colchester have been caused by a broken down train.

Rendlesham Care Centre rated ‘good’ by CQC (L-R) Danielle Brown, Administrator; Liz Slight, Home Manager; Maxine Crisp, Carer; Fabian Lossa, Carer; Rachael Last, Receptionist

Rendlesham Care Centre was found to provide a safe, effective, caring, responsive and well-led service according to the CQC report.

A diversion has been put in place

Severe traffic delays in Chelmsford have been caused by a traffic collision.

Woodbridge Carnival fireworks 2015.

People in an east Suffolk town are being asked to vote with their cash if they want a fireworks display next year.

Station Hill in Bury St Edmunds, which is being redeveloped.

Plans for more than 100 flats near the train station in Bury St Edmunds - an area of the town that is earmarked for regeneration - have been recommended to be refused.

Suffolk Coastal MP Dr Therese Coffey (centre) with members of her team and Fern Howard (left) from the Alzheimer’s Society

It follows a visit by the Alzheimer’s Society, who run the Dementia Friends scheme, to help Dr Coffey and her staff understand the effect of dementia on everyday lives.

Most read

Most commented

Topic pages