A challenge against the decision of Babergh District Council (BDC) to grant consent for up to 130 new homes in Sudbury has been dismissed.
BDC granted outline planning permission for 130 homes, public open space, play area and a community orchard on the 15.1 acre site located off Waldingfield Road in Sudbury in June 2018.
Chilton Parish Council challenged the decision on the basis that the Council should have advised members that the Council could demonstrate a five year supply of housing.
In recommending approval of the application BDC had relied on a 5 Year Housing land Supply figure of 4.1 years in the committee report. Chilton Parish Council claimed a revised 5YHLS figure of 6.7 years published on 11 July 2018 (after the issue of the decision) was a material consideration which should have been taken into account. The claimant argued officers should have referred the matter back to the committee for reconsideration in the light of this revised figure.
Chilton Parish Council took their claims to the High Court, with the case heard on the 24th January 2019, and dismissed the next day. The ruling means that the planning permission approved for the site remains.
Ed Barrett, Senior Planning Manager at Catesby Estates said “We welcome the decision, and the ruling that the Council’s decision making process was correct and lawful.”
“This site also provides 45 much needed new affordable homes, helping young Sudbury families and first time buyers the opportunity get onto the housing ladder and find a new home within their financial needs."