The parish council for a village near Haverhill is calling for a judicial review of a district council's approval for a 55-home development
A parish council has launched a legal challenge against a district council’s decision to approve a 55 home development.
Linton Parish Council (LPC) has delivered a pre-action letter on a judicial review to South Cambridgeshire District Council (SCDC) and intends, it said, to follow it up.
A judicial review will, said LPC, enable an independent assessment of the planning permission status given to the Bartlow Road scheme in 2017.
The statement says: “Linton Parish Council continues to strongly disagree with the planning permission status, believed to be granted unlawfully.
“It is frustrating that, despite the extensive evidence submitted, approval of conditions is being allowed to continue without due care being taken to verify that they have actually been met.
“It is unfortunate that the Parish Council feel forced to take the legal route, but they believe this is the only way to get the Planning Committee to seriously consider the evidence and validity of the objections, on behalf of the parishioners of the village.”
LPC has twice called on the district council to stop what it says is unauthorised work on the site, with work having been halted in the past.
Cllr Dr. Tumi Hawkins, SCDC lead cabinet member for planning, said: “At the development site in question, the initial outline planning decision was made in September 2017, followed by the reserved matters decision in 2019.
“However, with the way that planning works, there are often further decisions to be made after the planning permission where specific details or technical information have been reserved by condition - such as archaeological investigations, drainage schemes and construction environmental management plans.
“In this instance, we have received a pre-action letter from the Parish Council which relates to the access arrangements to the site, considered as part of the initial applications.
“The Council’s lawyers have provided a written response.
“The Council’s Planning Committee is also due to consider (on September 29) a discharge of conditions application relating to the surface water drainage scheme for the development site and a Section 73 application seeking to vary the arrangements for foul water drainage; the Parish Council has made representations about these elements but, at the current time, the applications remain undetermined.”