The High Court has rejected Stevenage Borough Council's attempt to overturn and inspector's decision ruling its Core Strategy unsound because it proposed significant greenfield housing sprawl in accordance with the soon-to-be-dropped East of England Plan.
At the public examination early this year, neighbouring North Hertfordshire District Council argued Stevenage could not meet the statutory test for a core strategy through reliance on significant housing development in the north Hertfordshire green belt and the inspector accepted this view.
Stevenage sought judicial review which has now been rejected.
Mr Justice Ouseley called the case another round in the Cala Homes issue over regional strategies and said there was something of an air of unreality about Stevenage's submissions.
He said implementation of its Core Strategy is critically dependant on another council which opposes it and intends not to co-operate and there is no prospect of the secretary of state bringing pressure to bear.
"The law does not require NHDC to pretend it holds views which it does not hold and to refrain from letting housing developers know that it is hostile to large scale housing development in its area to meet the ambitions of Stevenage BC, and will be looking to take advantage of the prospective revocation of the EoEP whenever it can," says the judgement.
"Even were a plan submitted by NHDC which conformed to the EoEP, an NHDC development control decision on a planning application for a large extension to an existing town based on the regional strategy, could take into account its prospective revocation by Parliament and the secretary of state, such a situation would be one of those contemplated by Sullivan LJ in Cala Homes."
The judge said he appreciated that Stevenage can no longer produce a plan conforming with the regional strategy, but unusual circumstances cannot be used to give a different meaning to statutory provisions.
North Hertfordshire said it could now take revocation of the East of England Plan into account in moving its own core strategy forward. It would now include locally based housing targets.
"This is an important decision which has significant implications for North Hertfordshire," said its portfolio holder for planning transport and enterprise, Tom Brindley.
"Stevenage's Core Strategy was proposing 12,500 houses in the North Hertfordshire green belt around Stevenage. The Council has fought long and hard against these imposed housing figures which bear no relationship to the individual circumstances within our district."
He said many councils would find it helpful to have the application of emerging legislation clarified.
