Green belt plea dismissed by High Court

An attempt by campaigners to reopen an inquiry into plans to build more than 700 homes has been rejected by the High Court.

St Albans City & District Council had refused permission for two developments, totalling 721 homes in Chiswell Green, but the secretary of state for levelling up, housing and communities later approved them.

Campaigners from Keep Chiswell Green said the secretary of state’s decision was unlawful because it did not consider a green belt review carried out by consultants.

But the court heard the review had not been brought to the secretary of state by the campaigners, or anybody else.

The planned developments include 391 homes from Cala and 330 homes for key workers from Headlands Way, both on adjacent sites on the green belt.

In rejecting the application, St Albans Council originally concluded that the "very special circumstances" required for building on the green belt did not exist.

In approving it, the national planning inspector said there would be "very substantial benefits from the scheme".

Keep Chiswell Green brought the case against the secretary of state, developer Cala Homes (Chiltern), Headlands Way Ltd and the district council, claiming the secretary of state did not consider a green belt review carried out by consultants Arup.

The Arup review, commissioned by the council, had said neither of the sites should be considered for development.

But Mrs Justice Lang heard the Arup review had only concluded after the inquiry had finished and that an earlier report on the green belt had been used instead.

Justice Lang said campaigners could have asked the inspector to take the Arup review into account even after the inquiry had finished, but did not do so when they sent detailed submissions to the secretary of state in February.

She noted the group’s only explanation for not mentioning the Arup review at an earlier stage was that they were "unaware" they could use new material.

"I find this explanation to be inadequate. [Keep Chiswell Green] is an experienced campaigner," she said.

"I have no doubt that they had sufficient skill to ask the inspector and/or the [secretary of state] to consider and seek further representations on the Arup review if they considered it would further their goal of protecting the green belt in Chiswell Green."

Campaign group spokeswoman, Shirani St Ledger McCarthy, told the Local Democracy Reporting Service they had been "warned repeatedly" that if they brought the Arup review to the planning inspector as new evidence, they risked having costs awarded against them.

She said the group was "hugely disappointed" by the judge’s ruling and is considering whether to appeal against it.

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