Planning loophole could see 1,000 homes built on former Animal Health Trust site, in Kentford

Residents have until Monday to give their views on a planning proposal which could see a new 1000-home village built in Kentford, near Newmarket.

The plan, which has been opposed by West Suffolk Council and the Jockey Club representing nearby Newmarket’s racing industry, looks to be taking advantage of a loophole in planning law, permitted development rights, originally sanctioned by the previous government and designed to free homeowners and councils from expensive red tape when uncontentious modifications to properties were planned.

Last year West Suffolk Council received more than 30 applications, to allow for the change of use of the existing buildings on the site of the former Animal Health Trust to 203 new homes.

The council refused to grant a certificate of lawful development, classing the site as one of commercial, business and service use which would allow it to benefit from permitted development rights to change the use of the building to residential.

The developer, London based company Lochailhort Kentford Ltd, appealed that decision and in May successfully argued at a planning inquiry that the entire site of the former charity be classified as brownfield, including all the paddock land of 64 acres.

After seeking legal advice, the council is challenging that decision in the High Court on the basis it is legally flawed.

Earlier this month, West Suffolk received 29 prior approval applications for the change of use of buildings on the site from Class E to residential. In a letter to surrounding parish councils asking for their comments Rachel Almond, the council’s planning service manager said: “The outstanding legal challenge to the inspector’s decision does not alter the need for West Suffolk Council to determine these applications.”

In an open letter sent by representatives of the developer, plans for up to 1,000 houses have been outlined as well as 34 acres of industrial or retail space.

“We have always advocated that this 120-acre, brownfield site, is eminently suitable for economically beneficial residential and commercial development,” said Hugo Haig, director of Lochailort.

“Sadly, the council disagrees. We have won an appeal, on the whole site, confirming our position, that the site is in Use Class E and therefore has the permitted development rights that that brings.

“The appeal also confirmed, unequivocally, that the site is not horse racing industry land, yet the council continues to refuse to engage with us and clearly prefers to see this vacant site preserved in aspic.

“Kentford has a train station and a number of local facilities making it an excellent location for new housing.

“Further facilities and amenities are proposed on site that will benefit new and existing residents.”