Glebeland challenge over existence of green belt in Castle Point – decision

Castle Point Borough Council announcment:

The application by Fox Land Property Limited re Glebelands has been dismissed.

The Court of Appeal took the view that the Proposals Map must have a role in giving explanation to saved Green Belt Policies 2 to 7.

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3 responses to “Glebeland challenge over existence of green belt in Castle Point – decision

  1. Steve Sawkins

    It is pleasing that all of the boroughs green belt status has been secured and that the Authority can reclaim its costs from these legal proceedings. Having established this fact, does this now mean that there should be no reason why all the boroughs green belt groups, cannot expect the councils officers and councillors, to defend the existence of their particular environments from the developers JCBs.
    My understanding is that the council, by prudent financial budgeting, has sufficient resources to take on planning appeals and that this successful outcome should now encourage them to do so.
    It will be interesting to hear what expatiates from our representative this side of the general election and what comes about after the dust settles in June.

    • Thanks Steve for your input. Interesting that the High Court decision fell on the same day that CPBC development committee met to consider a Green Belt development proposal at Poors Lane, Hadleigh.
      The area is in the Green Belt, councillors and some members of the development committee were considering approving a change of use, business premises, potato handling, into a housing development. It is topically argued that this area is previously developed Green Belt as opposed to “Virgin” Green Belt. Officers considered exceptional or very special circumstances did not exist, so as to allow development. Officers also considered that the existing Local Plan albeit out of date did not recognise the difference between previously developed and not previously developed Green Belt, therefore suggesting that the proposal was premature. One member was concerned that the existing buildings made the area look unpretty. I am not certain whether the Planning Guidance has changed so as to include the look of a Green Belt area [n place of its function as a tool for considering approval! The officers considered also that the footprint and the volume of the proposed development would be greater than the existing building. The proposal was turned down. Interesting though that on the same day the High Court decided to support CPBC’s wish to preserve the Borough’s Green Belt, a percentage of councillors supported allowing release of some Green Belt land outside of the Local Plan process. I guess Rules are rules.

  2. Delighted for Castle Point, and this should embolden authorities across the south Essex Green Belt.

    CP’s own Natural Growth in negative over the Plan Period, so the non-GB sites that come forward will that period will provide a couple of thousand homes, more than satisfying CP’s needs, if not it’s ‘Objectively Assessed Needs’ which includes extrapolating past migration trends.

    But as even CPBC acknowledge, there’s no need to meet OAN if that means developing GB.

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