A long-running planning permission battle has found its way before an Appeals Court, after an action group opposing a UK housing development were granted permission to contest a previous High Court ruling.
In 2015, Menston Action Group opposed one condition attached to a planning application previously granted to Barratt Homes for one of their many housing development schemes in Bradford.
The protestors told the High Court that the condition stated that the development ‘could not go ahead until a surface water drainage scheme, based on sustainable drainage principles, was submitted and approved by the local authority’.
Bradford Council opposed Menston Action Group’s right to bring their challenge forward, and Mrs Justice Pattison subsequently dismissed the protestors’ arguments against the development in Court.
“They are very concerned about flooding in Menston and fearful that the existing situation will be exacerbated by developments in their area,” said Mrs Justice Pattison.
However, the action group’s claims were dismissed by the High Court on the basis that Bradford Council had made a “factual error” relating to the question of possible flooding.
Since the ruling, the protestors have been granted the right to appeal Mrs Justice Pattison’s decision, and have now brought their case before an Appeals Court.
The protestors are arguing that Bradford Council should not have approved the drainage scheme that went forward; and that the drainage scheme of Barratt’s proposed housing development must ‘go beyond simply making the situation no worse’.
A number of esteemed Appeals Court Judges, including Lords Justices Elias, Christopher Clarke and Lindblom, are expected to reserve their judgement, which will be given in writing at a later date.