Neighbourhood Plan relief

The Community of Tattenhall can breathe a sigh of relief following the news that the High Court has dismissed the challenge by developers to its Neighbourhood Plan.

This is a result that will be of interest to many communities, including Audlem, that are considering producing a Neighbourhood Plan.

The result of the Judicial Review, after judgement was passed by His Honour Mr Justice Supperstone, who said: "In my judgment, for the reasons I have given, none of the grounds of challenge succeed. Accordingly this claim is dismissed."

Housing developers, Barratt Homes and Wainhomes (Taylor Wimpey being an
'interested party'), challenged the validity of the Tattenhall Neighbourhood Plan on the grounds that there was a conflict of interest with the Independent Examiner who inspected the plan in autumn 2013.

They also challenged on the grounds of failure to carry out a proper Strategic Environmental Assessment, failure to meet the Basic Conditions of the Neighbourhood Planning Regulations and lack of evidence to support the housing policy.

All four challenges were dismissed.

Carol Weaver, Chairman of the Tattenhall Neighbourhood Plan Group said: "After working voluntarily for over two years on the Neighbourhood Plan and then enduring months of waiting for the scheduled High Court hearings, we (NP Group) are all absolutely delighted at the result.

"It was an emotional moment when we found out that we had won! I was laughing and crying all at the same time as so much hard work has gone into producing the Neighbourhood Plan with thousands of hours of volunteer time. I am so pleased for the community of Tattenhall as they have been so supportive of Neighbourhood Planning."

John Heselwood, Policy and Development Manager at Cheshire Community Action (a local charity that has supported the Tattenhall Neighbourhood Plan) said: "This is not only a victory for Tattenhall, but for the whole Neighbourhood Planning movement.

"This now sets a legal precedent that should help Neighbourhood Planning Groups across the country when faced with challenges from developers."

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