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Press Release

Eco-Towns Policy May Have Unlawful Consequences

6 April 2009

A legal opinion for countryside campaigners, CPRE, released today (Monday) casts further doubt on the legality of the Government's proposed policy on eco-towns. This policy needs radical revision if the Government is to avoid future legal challenges.

It is now clear that the proposed policy flies in the face of established procedures whereby communities agree the level and location of new development through development plans.

According to John Hobson QC, CPRE's Honorary Standing Counsel, by identifying selected sites outside the development plan process, 'and requiring that they be given “material weight” the Government would be usurping the function of the local planning authorities and distorting the plan making process'.

Kate Gordon, CPRE's Senior Planner said:

'Communities rely on a robust planning system to guide development to where it is needed most while protecting the countryside. Environmental Assessment requires proposals to be assessed for their effects on the environment and communities and compared with alternatives before being allowed to proceed.'

The proposed arrangements for eco-towns seem fundamentally at odds with this process. As John Hobson explains:

'The promulgation of a list of identified sites in national policy guidance would represent an anomalous departure that would undermine the plan-led system. It would constitute a potentially unlawful interference with the statutory functions of local planning authorities in drawing up development plans and determining planning applications. The inclusion of the list of sites without a proper consideration of alternatives as part of the Sustainability Appraisal would also be unlawful.'

Kate Gordon concluded:

'CPRE has been urging the Government not to pursue its eco-town policy in its current form. This legal opinion adds to existing doubts over the lawfulness of the Government's approach.'



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