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An Outsiders View of the Rochford Core Strategy Suspension

August 3, 2011 by  

Planning guru, Andrew Lainton, takes an interest in the Rochord Core strategy.

He writes in response to the Article that John Mason wrote in whiche he wondered if certain legal issues, namely a High Court case called CALA II could impact on the Council’s request for Suspension.

Interestingly John spoke of his concern in the Council Chamber even then about the further potential delays which might be caused by the Government having to conduct Regional Strategic Environmental Assessments (SEA) to finally abolish the Labour Housing targets (RSS).

Andrew talks about the third option that John also put forward which was withdraw and re-submit when the legal uncertainty was over.

Finally Andrew has advice for Local MP, Mark Francois, who is a senior government whip who wrote a letter of support to the Planning Inspector on behalf of the Council.

Over to you Andrew Lainton.
 
“It is not that simple, in CALA II one of the key issues was to do with the law on whether or not administrative degree could overcome the will of parliament.  After Royal Assent the will of parliament will be clearer.

But none the less as the junior minister Bob Neill has consented to there will be no revokation until the SEA process has been completed, consulted on and responded to.

Until then the RSS remains the development plan and the legal requirement for general conformity remains.

A material consideration can never trump a legal requirement, this is not a matter for weighing and balancing.

Suspension now of the examination could be challengable as it would be prejudging the outcome of the SEA consultation, indeed imprudent remarks from Ministers have made a challenge on grounds of the Seaport case (a NI SEA case in the European Courts) inevitable, which will take at least two years to conclude.

What is more statements by government payroll members (such as the local MP who is a whip) that after the royal assent the RSS should be disregarded (see letter) could be regarded as prejudicial to the SEA process, the MP needs to keep a judicial silence as his action is likely to be quoted in court as evidence of government prejudice – he could have led to the RSS being given life until conclusion of judicial process.

If the Inspector suspended the EIP (Examination in Public) it would be prejudging, the outcome of an SEA process and consultation that hasn’t even begun.  She should carry on and determine the plan of the basis of what is and not what might be in six months or two years – indeed they have a legal duty to. 

The situation of EiP examinations lasting over a year – when they used to last only a few days or weeks prior to May 2010 – has become a joke which discredits the whole process.

If Rochford was not happy with this they could always withdraw and resubmit later.

Of course on re-submission if they propose building much less than SHMA assessed need and without ‘duty to cooperate arrangements to cope with the housing they would displace beyond the green belt they would not just have a potentially unsound plan they would (after royal assent) have a potentially unlawful one.”

http://andrewlainton.wordpress.com/2011/08/01/rochford-asks-for-core-strategy-examination-to-be-suspended-in-light-of-nppf-and-cala/

Comments

Comments

One Response to “An Outsiders View of the Rochford Core Strategy Suspension”
  1. Editor says:

    Suspension Refused by Inspector here

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