LGA fights eco-town process

The embattled eco-town programme faces a legal challenge from the Local Government Association, unless ministers back down over bypassing the planning process.

Specialist planning barristers John Steel QC and James Strachan, instructed by the LGA, this week concluded that there were "sound grounds" for a High Court challenge.

The duo wrote: "There does not appear to be any compelling justification or rationale for seeking to promote eco-towns outside the existing statutory plan-led system, other than the government's wish to avoid the system due to the need for proper scrutiny, which takes time."

LGA chairman Sir Simon Milton (Con) called on ministers to talk to councils about developing new housing without "bypassing planning processes".

LGC first revealed in May that the LGA was exploring a legal challenge.

The lawyers' verdict comes as the government has been forced to delay the publication of its draft planning policy statement (PPS) setting out the environmental standards eco-towns will need to hit.

There is no indication of when it will be published, although housing minister Caroline Flint was due to outline certain green specifications for the developments
today.

LGC understands that while the draft PPS is complete, the government is required to publish the sustainability appraisal, which is not yet ready, at the same time.

Although the draft PPS's delay will not directly hinder the programme, the lack of specifications could create more uncertainty for developers and landowners, who are already getting cold feet. The Wellcome Trust last week became the latest to withdraw its support by making its 270-acre site in south Cambridgeshire unavailable for an eco-town.

A Department for Communities & Local Government spokesman said: "This legal advice can only have been obtained on the basis of a misrepresentation of our policy."