As the BBC reports here:
Communities Secretary Eric Pickles has lost a court battle over his decision to scrap the last government’s regional housing targets in England.
The move was ruled unlawful by the High Court.
Housing developers had asked the court to block it, arguing Mr Pickles had abused his powers.
Mr Pickles had said he wanted to return planning powers to local communities. An aide said that no appeal was planned.
The ruling means that controversial plans for building thousands of new homes in each English region could be back on – but a government source said the court ruling was only a “technicality” and would not change anything.
That is because legislation will be published next month that will deal with the issue, he suggested.
So although the housing developer – Cala Homes – has won a battle, it looks likely to lose ultimately when the government brings in legislation.
But all these complications don’t make life easier for planning officers, government inspectors and anyone else who’s trying to follow what’s going on…
I hear that PINS has yet to issue guidance and that Planning Inspectors in the middle considering Public Examinations are not necessarily going to follow the letter issued by Steve Quartermain at the DCLG on behalf of the Government.
http://www.communities.gov.uk/documents/planningandbuilding/pdf/1765467.pdf
This is my analysis of the position in Rochford District vis a vis the decision of the Courts for Cala Homes and, presumably, Colonnade, who named RDC into their action.
I would be really surprised if these two companies have spent many tens of thousands of pounds on such actions if they could be meekly turned aside by a letter from DCLG saying that a Bill will be published shortly. Think about it !!
Here is my view on the RDC position.
The amendment to the Core Strategy represents, we were previously told by RDC, was a real REDUCTION in the number of houses that were to be imposed under the RSS Housing Targets.
The authority for the change or rather REDUCTION by RDC was cited as the revocation of the RSS in the Statement sent to the Planning Inspector in July.
So if the authority for the change is not lawful yet then so is the proposition for the changes which are now being consulted upon.
The publication of a Bill changes nothing, such changes can only lawful on Royal Assent and this will not be before the end of the Consultation (30 November 2010) or the beginning of the re-opening of the Public Examination which the Planning Inspector says will be in January 2011.
Technically it must be UNSOUND if considered by the Inspector before Royal Assent because conceivably in a democracy and the fragility of an untried Coalition may the Bill might not be approved in the passage required through both the Commons and the Lords.
It will be interesting to read considered legal opinions as they are published.
Mills and Reeve are a respected planning law firm. Here is the opinion they have published.
http://www.plan-it-law.com/2010/11/cala-homes-dclg-reaction.html
http://www.plan-it-law.com/2010/11/cala-homes-restore-regional-spatial-strategies.html
I believe that much of what is said supports my own view in the particular context of RDC’s current Consultation and it being within the process and period of a Public Examination.