High Court challenge over Broxtowe greenbelt rejected


A legal challenge against Broxtowe Borough Council’s core strategy with Gedling and Nottingham has been thrown out of the High Court

The case led by Calverton parish Council sought to quash the shared housing development plan received a judgement on Tuesday, April 21 which set ouplans to meet rising demands of 30,000 new homes, with some encroachment onto greenbelt land.

Mr Justice Jay said in his judgement at the Royal Courts of Justice in London: “I agree with the Councils that there should be no insurmountable constraints to meeting the fully objectively assessed need for housing.

“I conclude that the overall level of housing provision proposed by the ACS is justified and consistent with national planning policy.”

Calverton Parish was among a number of groups opposing the plans.

Consultant Ken Maffham who was advising the council in it’s dispute, said previously: “

Barrister Richard Turney for the claimant argued that Planning Inspector Ms Jill Kingaby came to a conclusion on the “soundness” of the housing requirements before addressing considerations for Greenbelt and the environment.

But the judge ruled: “Not merely was this a legally tenable approach, it was in my judgment both sensible and appropriate in the circumstances of the instant case.

“What it did was to bring about an outcome which has the strong tendency to protect the Green Belt and its purposes.”

Head of Broxtowe’s Liberal Democrats David Watts said the judgement was a triumph for the council.

He added: “I am absolutely delighted with the judgement. The council, an independent inspector and now a court have all looked at the approach that we took and agreed that we got it right. Far from threatening the green belt as our opponents claimed the judgement today is explicit in saying that the actions of Broxtowe have been done to protect the green belt for generations to come. I hope that everyone will now accept that we have done the right thing for the right reasons and that we can all work together to ensure that Broxtowe fulfils its potential as one of the best places to live in the UK.”