Following the dismissal of Redrow PLC’s appeal against Hertsmere Borough Council’s failure to determine their planning application for 300 plus homes on Harts Farm, they are to challenge the Planning Inspector’s decision in the High Court.
Lawyers, Osborne Clarke, acting for Redrow PLC are claiming that Planning Inspector, Joanna Gilbert, was inconsistent with planning policy and made three legal errors.
They allege that she misinterpreted the words ‘appropriate for the proposed development’ when assessing whether there were alternative sites with a lower flood risk which could be used. They further claim that her use of ’reasonably available’ in relation to alternatives was wrong in law and that she failed to have regard to housing need in the Borough.
The planning appeal, which was held over the summer, was for 310 houses, a primary school and community facilities on the 18 hectare green belt site in Little Bushey Lane.
The first defendant in the challenge is the Department of Levelling Up, Housing and Communities, with Hertsmere Borough Council cited as the second dependent.
A source close to Redrow - who are believed to have spent well in excess of £500,000 staging the appeal - told Little Bushey Community that they believed that Chairman Steve Morgan was prepared to spend ‘almost anything’ to secure development of the site.