Public Statement - Hobnock Road, Essington 18/00450/REM
Released on 24 January 2019
Please find below a statement by South Staffordshire Council concerning a potential legal challenge to the planning permission issued by the Council in regards to Hobnock Road, Essington 18/00450/REM.
Public Statement - Hobnock Rd, Essington 18/00450/REM
We note that there have been a number of posts on various social media accounts regarding a potential legal challenge to the Council's granting of permission for the Reserved Matters application for 230 dwellings at Hobnock Road, Essington.
It is of course entirely a matter for any potential claimants as to whether they bring a legal challenge on the basis of alleged procedural flaws in the decision making process. The Council disagrees with those criticisms. However, we would like to make a few points clear:
- Any legal challenge could only relate to the Reserved matters application and not the principle of development on the site which has already been approved under 16/00487/OUT. We note that many of the concerns expressed are about the detail of the outline approval and the section 106 agreement entered into for that application. The time for a challenge of that outline permission has long since passed.
- The Council 's clear view is that any claim based on the grounds in the letter before action would have low prospects of success and would be likely to be refused permission by the Court.
- Even if a challenge were successful it would simply quash the decision and then the application would need to be considered again by the Planning Committee - the same decision could still be made by the Planning Committee. Even if the Committee did reject the application this could be appealed to the Planning Inspectorate and based on planning policies would be likely to succeed on appeal. The key point is that the Court will not make its own decision on the matter.
- A legal challenge would be costly both for the claimants and those defending the case. In the event that the challenge failed, the Council would be obliged to seek to recover its legal costs from the Claimant and no doubt so would Bovis Homes.
For further details contact
South Staffordshire District Council
Tel: 01902 696000