CASEBOOK: Court cases - Alternative site rejected as plan allocation upheld

Huntingdonshire District Council's decision to follow an inspector's recommendation and allocate a site in Huntingdon for 675 homes has been supported in a High Court ruling which rejected an alternative site promoted by a rival developer.

Mr Justice Ouseley decided that the council had properly considered the local plan inspector's recommendation and had followed her advice even though it had initially been opposed to the allocation. He concluded that the council had not blandly and unquestioningly followed the recommendation but had correctly decided that it would need planning reasons for departing from it.

Fairfield Partnership v Huntingdonshire District Council and Persimmon Homes (East Midlands) Ltd; Date: 23 October 2003; Ref: CO/302/2003.

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