READING Borough Council has launched a legal challenge to the Housing minister, Lee Rowley, following his decision to allow a developer to continue with plans for a site in Reading.
An outline application for a 600-flat redevelopment of a brownfield site on Vastern Road was put to the council’s planning committee, who agreed that the plans should be refused in February 2022.
Plans would see units housing businesses such as Aldi, The Range, and a discount store knocked down and replaced with housing, next to a similar development on the former Royal Mail sorting office.
The planning inspector set out a 117-page report in April last year which concurred with many of the 12 reasons put forward by councillors, which cited issues such as the size and layout of plans causing problems for residents already living at the site.
Plans would currently impact the levels of daylight received by current residents, lack of open space, loss of trees, and loss of pedestrian routes through the area.
After the council refused planning permission, an appeal by developers was accepted by the minister of State for Housing, Planning, and Building Safety, effectively overturning the council’s decision.
Rowley presented a 10-page letter outlining his decision to accept the appeal in spite of the planning inspector’s recommendation.
Rowley felt the height of the buildings would be satisfactory, and was satisfied the amount of open space proposed would be “adequate”, while there would be “less than substantial harm” to the Grade II listed buildings of the station and the town hall, the Market Place and London Street Conservation Area.
Back in April, Reading East MP Matt Rodda said: “If the development goes ahead there will be a significant difference between the scale and massing of development” compared to its western boundary.
Now the council has launched a legal challenge which is set to be considered by the High Court to judge whether the challenge should be heard.
If found worthy, a date will be set for the case to be deliberated by a High Court judge, who would have the power to either reject the council’s challenge, leaving plans to go ahead, or to urge the minister to revisit his decision.
Micky Leng, the council’s lead member for planning, said: “The Council expressed its extreme disappointment at the Secretary of State’s decision on the Vastern Court proposals last month, which reversed previous decisions made by officers, Councillors and, subsequently, the Planning Inspector following a very detailed process at the Public Inquiry.
“The Council firmly stands by its initial reasons for refusal and, after taking legal advice, we believe we have a strong case to challenge the decision at the High Court.
He explained: “The Secretary of State concluded the re-use of the brownfield site in the town centre location outweighs the harms identified by the Inspector, and by local representatives before that.
“As previously stated, the decision brings into question the value of any local authority having adopted policies and reaching planning decisions, or indeed holding detailed Planning Inquiries when decisions are appealed, if outcomes can be so readily overturned.”
He added: “The Council now awaits the High Court ruling on whether the challenge can be progressed and if it ultimately leads to dismissal of the appeal, as originally recommended by the Inspector, or whether the appeal could still be allowed, albeit on a much clearer basis than we have been offered to date.”
“We will not allow the Secretary of State to ride roughshod over and undermine the local democratic planning process.”
