A judge has quashed planning consent for 210 homes in the village of Thurston following a two-day hearing at the High Court.
Thurston Parish Council had lodged a judicial review against Mid Suffolk District Council's planning permission for the Bloor Homes estate off Beyton Road.
The parish council alleged district council committee members were wrongly advised on the weight to be given to the Neighbourhood Plan, which did not allocate the site for development.
It also believed the committee was wrongly advised on planning balance and that the decision prejudices the Local Plan process, which has not yet been completed.
The judge has ordered that the planning permission for the Bloor Homes scheme be quashed and sent back to Mid Suffolk District Council to be re-determined.
Bob McGeady led the team at Ashtons Legal acting for Thurston Parish Council and instructed Meyric Lewis of FTB Chambers.
Mr McGeady said following the judgment: "This is an important case as it reminds local authorities that where there is an up-to-date Neighbourhood Plan they cannot lightly ignore it and they must take decisions in accordance with its provisions.
“It was obvious to us from the outset that the council had misdirected itself and was undermining the Local Plan process.
"By granting planning permission, the council was depriving interested parties and individuals of the ability to have their concerns properly considered by the Local Plan Inspector."
The planning application was made by Bloor Homes in 2019 with formal permission approved in December 2020.
The final matters - layout, scale, appearance and landscaping - for Bloor Homes’ proposal were taken off Mid Suffolk's planning committee agenda at the last minute in 2021, as judicial review proceedings continued.
The village is facing huge growth, with developments in the pipeline set to bring about 1,000 new homes.
Victoria Waples, clerk to Thurston Parish Council, said: "I would like to thank our legal team for all the hard work they put into this case on our behalf.
"The Thurston Neighbourhood Development Plan that was recently adopted in October 2019 sought to restrict development to keep it within the revised village boundary to give the new developments time to be assimilated.
"The parish council has consistently objected to the district council’s proposed strategy for the village as the Local Plan has been developed."
She added that hopefully now the district council would "go back to the drawing board" and properly evaluate sites in accordance with the recommendations from the Local Plan Inspector.
We attempted to approach Mid Suffolk District Council and Bloor Homes for comment.
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules here