A legal challenge could be issued over a long-running planning saga to develop 1,500 homes on land east of Biggleswade.
Lawyers acting on behalf of another developer wrote to Central Bedfordshire Council on Friday, January 8, 2021, saying a decision to approve the project in November was made unlawfully.
The correspondence explained the need for urgent consideration by the local authority and asked for a reply in advance of its development management committee meeting on Wednesday, January 13, 2021.
“Any further resolution to impose the conditions set out in the officer’s report for the committee’s upcoming meeting would likewise be unlawful,” warned the letter.
Applicant UK Regeneration Limited’s project is on a 263-acre site linked to housing development in the Central Bedfordshire Local Plan.
It includes up to five acres of commercial development, a primary school, ten acres of other leisure and community uses, and 150 acres of open space, allotments and a country park.
Although the design brief received outline planning permission, appropriate conditions need to be agreed with CBC officers.
These issues returned to the committee, this week, following a decision by councillors to overturn a recommendation to refuse the development at their November meeting.
Refusal was defeated by seven votes to six before the proposals were agreed in November, with seven votes in favour, five against and one abstention.
The letter suggested three Conservative councillors should have withdrawn from considering the item on that occasion, including CBC’s executive member for planning and Regeneration Caddington councillor Kevin Collins.
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The others are his predecessor in the role Dunstable Watling councillor Nigel Young and Biggleswade North councillor Ian Bond, who’s also a town councillor.
“In the present case, the council has failed to comply with the LGA’s guidance on probity in planning,” said the letter.
“The very strong advice of officers was that the application was unacceptable in planning terms on numerous grounds.
“These included landscape harm, loss of agricultural land, ecology harm, highways impact and policy conflict.
“There was no evidence before members on which they could conclude that such harm didn’t exist or that it could be resolved by conditions.
“Such a conclusion was both irrational and lacked any sufficient evidential basis.”
It was signed by solicitor and legal director Kay Evans, of Harrow-based firm Harold Benjamin, acting on behalf of Surrey-based Martin Grant Homes Limited, which has built homes in Biggleswade.
The letter also questions whether the three councillors “had made their mind up prior to the meeting and whether they had appropriate contact with the applicant”, Independent Potton councillor Adam Zerny said on social media.
“The councillors in question refute these allegations,” he added.
CBC contacted its legal advisers, LGSS Law Limited, which said the council could proceed with the committee meeting.
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Approval to give authority to CBC officers to agree planning conditions was granted on Wednesday January 13, 2021, with ten votes in favour and three against.
A final decision on the application is subject to referral to the Secretary of State for housing, communities and local government.
Independent Houghton Conquest and Haynes councillor Rebecca Hares suggested the scheme should be deferred without a full legal response.
Planning consultant Colin Danks, representing the applicant, said UK Regeneration Limited aims to “move into the delivery phase as soon as practical.”
