A legal opinion [1] for countryside campaigners, CPRE [2], released today (Monday) casts further doubt on the legality of the Government’s proposed policy on eco-towns. [3] This policy needs radical revision if the Government is to avoid future legal challenges. [4]

It is now clear that the proposed policy flies in the face of established procedures whereby communities agree the level and location of new development through development plans.

According to John Hobson QC, CPRE’s Honorary Standing Counsel, by identifying selected sites outside the development plan process, ‘and requiring that they be given “material weight” the Government would be usurping the function of the local planning authorities and distorting the plan making process’.

Kate Gordon, CPRE’s Senior Planner said:

‘Communities rely on a robust planning system to guide development to where it is needed most while protecting the countryside.  Environmental Assessment [5] requires proposals to be assessed for their effects on the environment and communities and compared with alternatives before being allowed to proceed.’

The proposed arrangements for eco-towns seem fundamentally at odds with this process. As John Hobson explains:

‘The promulgation of a list of identified sites in national policy guidance would represent an anomalous departure that would undermine the plan-led system. It would constitute a potentially unlawful interference with the statutory functions of local planning authorities in drawing up development plans and determining planning applications. The inclusion of the list of sites without a proper consideration of alternatives as part of the Sustainability Appraisal would also be unlawful.’

Kate Gordon concluded:

‘CPRE has been urging the Government not to pursue its eco-town policy in its current form. This legal opinion adds to existing doubts over the lawfulness of the Government’s approach.’

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NOTES FOR EDITORS

1. A copy of John Hobson QC’s opinion on the draft Planning Policy Statement on eco-towns can be obtained from CPRE’s press office (020 7981 2880)

2. CPRE, the Campaign to Protect Rural England, is a charity which promotes the beauty, tranquillity and diversity of rural England. We advocate positive solutions for the long-term future of the countryside. Founded in 1926, we have 60,000 supporters and a branch in every county. President: Bill Bryson. Patron: Her Majesty The Queen. www.cpre.org.uk

3.  Concerns regarding the legality of the eco-towns programme have been raised by the Local Government Association in a legal opinion published last July which concluded there were grounds for judicial review; by campaign group BARD; and by Cherwell District Council who have indicated their intention to challenge the Government should Weston Otmoor be listed in the final planning policy statement.

4. Consultation on the draft Planning Policy Statement on eco-towns closes April 30. The Government extended the consultation period following BARD’s legal challenge.

5. EU Directive 2001/42/EC requires a Strategic Environmental Assessment to be carried out on all development plans. In England, this is usually combined with a broader ‘sustainability appraisal’ - which considers social and economic as well as environmental effects.  A further requirement of SEA is that alternative options should also be considered and compared.