Landmark Ruling Heralds SEA Change for Regional Planning ?
Posted by janetmackinnon on May 29, 2009
Extract from “Region home goals at risk” by Susanna Gillman in Planning, 29 May 2009
A landmark ruling that the East of England Plan failed to comply with environmental law could affect other regional plans, the barrister leading the case has argued. Hertfordshire County and St Albans District Councils’ challenge (Planning, 22 May, p1) was the first on the application of strategic environmental assessment (SEA) rules in England to be successful. High Court judge Mr Justice Mitting ruled that the government flouted SEA regulations by failing to consider alternatives to building thousands of homes in the Hertfordshire green belt. He has ordered communities secretary Hazel Blears to re-examine policies for 12,000 additional homes at Hemel Hempstead and a further 10,000 at Welwyn Garden City and Hatfield.
Landmark Chambers’ David Elvin QC, who represented Hertfordshire in last week’s case, said the government lacked rigour in applying the regulations “Because SEA is working its way through the system on plans due for adoption, these issues will continue to present themselves,” he said. “The ruling could have implications for other regional plans. The South East Plan has just been adopted and may prompt challenges.”
A judicial review of the South West regional spatial strategy has recently been threatened on housing numbers, although it is not clear whether this would be contested on similar grounds (Planning, 15 May, p2).
The DCLG said it is considering whether to appeal. A spokesman said: “We are determined to deliver the housing that is desperately needed in the region.” However, the prospect of further expense may deter it. The DCLG has to foot a legal bill including 80 per cent of Hertfordshire’s costs – likely to exceed £50,000 – and £15,000 of St Albans’ estimated £28,000 costs. Tory MP for Welwyn and Hatfield Grant Shapps said the ruling is “an important step towards holding the government to account for failing to consider the effect of top-down housing targets”.
See also : www.unece.org/env/eia/sea_protocol.htm
