Overcast

Overcast

max temp: 21°C

min temp: 12°C

Search

Parish council’s High Court victory in fight against Constable country homes

Opponents outside the Babergh District Council offices after plans for 144 homes were approved by a planning committee

Opponents outside the Babergh District Council offices after plans for 144 homes were approved by a planning committee

Archant

Lawyers have hailed a High Court ruling to block 10 homes from being built in the heart of Constable country as a decisive victory with implications for housing across the district.

Anti-housing campaign posters in East Bergholt. Picture: LUCY TAYLOR Anti-housing campaign posters in East Bergholt. Picture: LUCY TAYLOR

On Friday, East Bergholt Parish Council won its battle to overturn a decision by Babergh District Council to permit the development in Hadleigh Road.

Mr Justice Mitting ruled that Babergh District Council was wrong to approve an application for the 10 homes to be built in the area of outstanding natural beauty (AONB) and birthplace of painter John Constable.

East Bergholt Parish Council launched a judicial review into the decision, made in March, arguing it was not in keeping with local aspirations for the village.

Lawyers said Babergh approved the development while the village was still developing its own Neighbourhood Development Plan.

David Bowman, the Royds Withy King solicitor acting for the council, said the judgment could block development of as many as 415 homes across the district.

“This is a decisive and strategic win for the parish council, which represents the villagers of East Bergholt, and which challenged Babergh District Council’s disregard for the needs of the local community when it granted planning permission for this, and other major developments in the village,” he said.

“The judge decided that Babergh District Council had made a number of material legal errors, including misrepresenting to councillors what ‘local housing needs’ means in the context of the Local Plan.

“Councillors had been told that they needed to take into account the needs of the district as a whole, when, in fact, they had to take into account only the needs of the core village and its immediate environs.

“He agreed with the parish council’s interpretation and evidence that the needs of the local area are different to those of the wider district. He also agreed that the council had failed to carry out the correct exercise in deciding whether this development on land within the Dedham Vale AONB had an exceptional reason to overrule the ordinary prohibition on development.”

The dispute arose after the district council’s planning committee approved two separate applications to build a total of 154 homes in East Bergholt.

Campaigners now believe the separate decision to permit a 144-home development, and a third development of an additional 75 homes currently going through the planning process could also be affected by the High Court judgement.

0 comments

Welcome , please leave your message below.

Optional - JPG files only
Optional - MP3 files only
Optional - 3GP, AVI, MOV, MPG or WMV files
Comments

Please log in to leave a comment and share your views with other East Anglian Daily Times visitors.

We enable people to post comments with the aim of encouraging open debate.

Only people who register and sign up to our terms and conditions can post comments. These terms and conditions explain our house rules and legal guidelines.

Comments are not edited by East Anglian Daily Times staff prior to publication but may be automatically filtered.

If you have a complaint about a comment please contact us by clicking on the Report This Comment button next to the comment.

Not a member yet?

Register to create your own unique East Anglian Daily Times account for free.

Signing up is free, quick and easy and offers you the chance to add comments, personalise the site with local information picked just for you, and more.

Sign up now

South Suffolk is a parliamentary seat that was formed in 1983 and has always looked like safe Conservative territory – even during the high-water mark of Blairite New Labour.

The terror threat level is being increased from severe to critical – indicating a further attack is imminent – after the deadly Manchester Arena bombing.

A support worker at sheltered housing in Felixstowe had to move jobs and suffered from PTSD (Post Traumatic Stress Disorder) after a drunk resident ran past her brandishing a knife, a court has heard.

The parents and sister of a Weeley man killed during the Bataclan massacre in Paris two years ago have spoken of their “unspeakable sadness” after last night’s Manchester Arena bombing.

Two new low-cost retail stores are coming to Bury St Edmunds, as a long redundant site is brought back into use.

The devastated mother of a teenage girl killed in a crash on the A47 in Suffolk has paid tribute to her daughter, who she has described as being “beautiful inside and out”.

The full list of award winners, including glory for Suffolk and North Essex, was unveiled at the Chelsea Flower Show, today.

Most read

Eating Out in the Broads

cover

Click here to view
the Eating Out
supplement

View

Visit the Broads

cover

Click here to view
the Visit the Broads
supplement

View

Show Job Lists

Newsletter Sign Up

Sign up to the following newsletters:

Sign up to receive our regular email newsletter
MyDate24 MyPhotos24