Martin Carter has successfully appeared for Rutland County Council in defending a Judicial Review brought by Larkfleet Homes against the decision of the Council to approve the Uppingham Neighbourhood Plan for referendum. The principal ground of challenge was an allegation that Neighbourhood Plans cannot lawfully allocate sites for development. This argument which, if accepted, would have severely undermined the utility of neighbourhood planning was rejected by Mr Justice Collins. Allegations that the SEA screening process for the Neighbourhood Plan was defective were also rejected.
The case follows on from Kings Chambers’ success in defending the Judicial Review in respect of the Tattenhall Neighbourhood Plan, in which Martin was led by Stephen Sauvain QC.
The judgment can be read here: http://www.bailii.org/ew/cases/EWHC/Admin/2014/4095.html
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