Legal challenge launched against Travellers' site decision - Leicestershire

From the Leicester Mercury

A council facing legal action in the High Court has defended its decision to approve a Travellers' site.

Residents in Earl Shilton are seeking a judicial review of the handling of the application for a 10-pitch camp at Dalebrook Farm.

They lodged papers with the High Court, in Birmingham, and the court has ordered Hinckley and Bosworth Borough Council to respond.

Members of the Earl Shilton Action Group (ESAG) have alleged the council broke planning rules in the way it handled the application, which was passed by its planning committee on June 25.

They have raised more than £10,000 to pay for the legal challenge to the decision.

A council spokesman said: "The committee report highlighted all of the relevant issues for consideration and covered these matters in detail.

"During the meeting, members listened to public speakers and ward members and considered the proposals before resolving to approve the application."

Residents said the site lies in a flood plain and access off the Earl Shilton bypass was dangerous.

The council spokesman said: "Members did have the option to defer the application if they considered there was insufficient information to make a decision, or refuse the application if they considered the development was unacceptable.

"Having considered all relevant issues and representations, it was resolved to approve the application."

The council said it would not issue any further statements as it was subject to on-going legal proceedings.

ESAG spokesman Alan Greenwood said: "Our legal advice is that planning protocol was breached in the way this application was processed by the council.

"We are determined to see the legal action through. We are hoping to raise £20,000 to fund the action, which we expect will take at least six months to reach a court hearing."

He said the grounds for legal action included neglecting to consult with adjoining landowners or the local education authority.

The group also argue the council ignored national planning policy requiring a flood risk assessment of the site and "dumbed down" the safety risk of vehicles turning in and out of the Leicester Road site, where there is a 60mph limit.

He said the papers submitted to the High Court required the council to respond within the next 10 days.

Peter Batty, leader of the opposition Tory group on the council, said: "There is widespread support for the judicial review from residents in the Earl Shilton area.

"Last Wednesday, they attended a public meeting and reiterated their determination to challenge the planning committee's decision in the courts.

"While the court action is being pursued, the planning application is on hold."