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Eco-towns plan 'may be unlawful' Eco-towns proposal 'not unlawful'
(1 day later)
The government's approach to delivering up to 10 eco-towns could be "unlawful", councils have warned. The government has denied claims that its approach to delivering up to 10 eco-towns could be "unlawful".
Ministers are to publish a planning policy statement to set out standards and potential locations in England. Ministers are to publish standards on Thursday for building the new towns, including being 100% carbon-neutral and close to public transport.
But the Local Government Association said the proposals went against the principle of development through plans drawn up by local authorities. But the Local Government Association said these proposals could illegally bypass council planning procedures and be open to High Court challenges.
This might show a wish to avoid "proper scrutiny", it added. But the government said it "absolutely" disagreed. Housing Minister Caroline Flint said she "completely disagreed".
'Deeply flawed'
The eco-towns scheme aims to deliver settlements of 5,000 to 20,000 homes which are zero-carbon overall.
The government shortlisted 15 proposals for new settlements in April and has said up to 10 final approved bids will have to go through the planning process once they have been chosen later this year.The government shortlisted 15 proposals for new settlements in April and has said up to 10 final approved bids will have to go through the planning process once they have been chosen later this year.
Lawyers John Steel QC and James Strachan, representing the LGA, said an existing planning policy statement covered the concept of providing housing in new settlements in an environmentally sustainable way. Green space
They would comprise of between 5,000 and 20,000 homes each.
Lawyers John Steel QC and James Strachan, representing the Local Government Association (LGA), said an existing planning policy statement included rules on providing housing in new settlements in an environmentally sustainable way.
This meant Thursday's statement - which is expected to lay out guidelines such as eco-town homes having to be within 10 minutes of frequent public transport and leaving 40% of space as green undeveloped land - was unnecessary.
It could also be illegal, as it would lead to the government bypassing planning procedures run by councils, the lawyers added.
'ECO-TOWNS' SHORTLIST Bordon, HampshireColtishall, NorfolkElsenham, EssexFord, West SussexHanley Grange, CambridgeshireImerys, nr St Austell, CornwallLeeds city region, West YorkshireMarston Vale and New Marston, BedfordshireMiddle Quinton, WarwickshirePennbury, LeicestershireRossington, South YorkshireRushcliffe, NottinghamshireWeston Otmoor, Oxfordshire Source: Department of Communities and Local Government The plans: Site-by-site
There did not seem to be any justification for promoting eco-towns outside the existing rules, "other than the government's wish to avoid the system due to the proper need for scrutiny, which takes time", they added.There did not seem to be any justification for promoting eco-towns outside the existing rules, "other than the government's wish to avoid the system due to the proper need for scrutiny, which takes time", they added.
What this government fails to understand is that centrally imposed solutions are doomed to failure Julia Goldsworthy, Lib Dems
The LGA said the legal advice showed the government's approach to eco-towns was "deeply flawed".The LGA said the legal advice showed the government's approach to eco-towns was "deeply flawed".
Chairman Sir Simon Milton said the LGA was not opposed to the eco-towns as a way of meeting housing needs and combating climate change. But Ms Flint told BBC Radio 4's The World at One: "Myself and government lawyers completely disagree with the LGA's claims.
But he urged: "Ministers must talk to council leaders about adopting a new approach that will deliver development in places where councils and local people agree that eco-towns can work. "I think that they possibly presented to their lawyers a misrepresentation of their point to come up with the press release they have [put out] today."
"Eco-towns must be delivered without bypassing the planning processes and ensure that new developments have good transport connections alongside the schools, health and leisure facilities which are needed to create places where people would want to live." Ms Flint said planning applications for eco-towns would have to "go through the full process".
Bidders for eco-towns at Manby, in Lincolnshire, and Curborough, Staffordshire, have pulled out, while part of a third bid at New Marston, in Bedfordshire, has also been withdrawn.Bidders for eco-towns at Manby, in Lincolnshire, and Curborough, Staffordshire, have pulled out, while part of a third bid at New Marston, in Bedfordshire, has also been withdrawn.
'Stretching standards''Stretching standards'
A Department for Communities and Local Government spokesman said: "We absolutely disagree with the LGA's claims and believe this legal advice can only have been obtained on the basis of a misrepresentation of our policy.A Department for Communities and Local Government spokesman said: "We absolutely disagree with the LGA's claims and believe this legal advice can only have been obtained on the basis of a misrepresentation of our policy.
"We have made it absolutely clear throughout that eco-towns will be different and will have higher environmental standards than a normal development and the applications will also have to be considered through the normal planning process.""We have made it absolutely clear throughout that eco-towns will be different and will have higher environmental standards than a normal development and the applications will also have to be considered through the normal planning process."
Shadow housing minister Grant Shapps said the legal advice would add weight to the argument that ministers had "effectively destroyed their own eco-town project".Shadow housing minister Grant Shapps said the legal advice would add weight to the argument that ministers had "effectively destroyed their own eco-town project".
Liberal Democrat communities spokeswoman Julia Goldsworthy said: "What this government fails to understand is that centrally imposed solutions are doomed to failure."Liberal Democrat communities spokeswoman Julia Goldsworthy said: "What this government fails to understand is that centrally imposed solutions are doomed to failure."