Overcast

Overcast

max temp: 19°C

min temp: 11°C

ESTD 1874 Search

WIN A NEW HYUNDAI i10 - See the EADT on June 8 for full details

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

Police search the home of Chris May in Kelvedon, who has been missing since May 25.

Police searching for a missing Essex man have begun a search of his home amid fears his disappearance could be suspicious.

Caroline Salisbury, 28, groomed the boy and, despite warnings to stay away, had sex with him on four occasions over three weeks in 2013, said the Court Martial Appeal Court. Stock image: PA.

An Army wife from Suffolk who had sex with a 14-year-old boy has had her two year suspended sentence replaced with an immediate term of three years imprisonment.

Amanda Bond, Visit Suffolk brand manager, at Southwold.

The eastern region’s tourism industry outperformed the rest of England last year, with average spending by visitors growing by more than twice the national average.

Sir David Attenborough reopened the Abberton Reservoir for Essex and Suffolk Water and Essex Wildlife Trust. The reservoir has had an enormous amount of work done to it as a reservoir and as a wildlife habitat.

Britain’s best-loved champion of the natural world marked the completion of a massive East Anglian reservoir expansion project today with a ringing endorsement of the way the scheme gives long-term water security to millions of people while offering them a “profoundly” important connection with nature.

Three people have been arrested after police carried out a search warrant at a house in Lowestoft.

Three people have been arrested after police carried out a search warrant at a house in Lowestoft.

Chelmsford magistrates rejected the appeal.

A taxi driver has been permanently banned from driving cabs in Colchester after he was spotted reading a book while behind the wheel.

Manor Road in Elmsett.

Specialist chemical firefighters were sent to a Suffolk village when people reported suffering swollen and itchy eyes after a mysterious dust cloud fell.

A golf club (not in Haverhill)

The council has been criticised by the Taxpayers’ Alliance for owning the Haverhill properties.

Zena Gravener is cutting the central grass verge on Old London Road, Copdock, with a sickle.

A 73-year-old woman has driven Suffolk County Council into action over an overgrown grass verge by taking matters into her own hands.

Colchester's new park and ride opens

Around 20,000 people have used Colchester’s new park and ride since it opened less than two months ago – with charging set to be introduced from Monday.

Most read

Most commented

Topic pages