Pinsent Masons - Winchester, Barton Farm, Andover Road, Winchester

Date: 11 Aug 2010

Challenge to Government's decision to abolish regional planning strategies.

A leading planning lawyer has described Edinburgh-based housebuilder Cala Homes application to seek a judicial review of the UK Government's decision to abolish regional planning strategies as "a brave challenge."

Yesterday, Cala filed an application with the High Court seeking permission for the challenge to the decision by the Communities Secretary Eric Pickles last month to revoke the strategies immediately.

Richard Ford head of planning at international law firm Pinsent Masons said: "This is a brave challenge. But it would seem to have a short window of opportunity for much mileage out of it, because the Government's impending Decentralisation and Localism Bill will set out the new plan-making framework. The contention that immediate Regional Strategies revocation was unlawful without transitional arrangements and an impact assessment is similar to the approach of those challenging the abolition of the Building Schools for the Future programme. In practice, abolition is clearly not something to be rushed, whether it is unlawful or not".

At the centre of Cala's proposed challenge are its controversial proposals to build 2,000 homes with shops and a primary school on an 84ha site at Barton Farm, Andover Road, Winchester.

Graham Cunningham, managing director of Cala Homes (South) said "The Government has acted unlawfully in not putting any transitional arrangements in place. There is a policy vacuum. We urgently need to build new homes, especially in the South East of England, but housebuilders have been left with no direction."

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