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High Court hears East of England Plan challenge

Susanna Gillman, PlanningResource, 20 May 2009

Communities secretary Hazel Blears was accused of failing to comply with European rules on strategic environmental assessment (SEA) in the East of England Plan at London's High Court this week.

Hertfordshire County Council and St Albans District Council challenged the government over the regional spatial strategy adopted last year.

They claim it will add substantial levels of housing to an already congested area that performs a vital green belt function around Greater London.

It is the first time the High Court has been asked to rule on the application of the SEA regulations.

Representing Hertfordshire, Landmark Chambers QC David Elvin told the court that the case raises a "point of general principle" as to how the SEA regulations should be applied to plans that set development policies for specific locations, rather than plans that set more broad spatial policies for regions as a whole.

The councils are objecting to designations for 12,000 additional homes in Hemel Hempstead, 10,000 in Welwyn Garden City and Hatfield, and 7,200 in St Albans.

Blears’ counsel Jonathan Swift argued that the proposals had been the subject of numerous assessments and were "entirely consistent" with the requirements of the European directive and UK regulations.

The judge is expected to reserve his judgment to give it in writing at a later date.


susanna.gillman@haymarket.com

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