Yorkshire council sees off High Court challenge to adoption of Local Plan

A High Court judge has this month dismissed a legal challenge to Calderdale Council’s adoption of its Local Plan.

Mr Justice Fordham heard the challenge brought by Clifton Neighourhood Forum on 26 April 2024.

There was a single ground, namely whether the planning inspector adequately explained her conclusions on the transport impacts of the Local Plan, which was adopted by councillors in March 2023.

The High Court judge handed down his judgment on 17 May.

According to Calderdale, Mr Justice Fordham dismissed the challenge “because he was not able to find any legal reason to disagree with the Inspector’s conclusion that the Local Plan is sound”.

Cllr Jane Scullion, Calderdale Council’s Leader, said: “The development of our Local Plan was a very long, detailed and robust process to make sure that we have the right plan for Calderdale’s future.

“Our focus remains on delivery. Calderdale’s Local Plan will allow us to achieve our ambitions to create good jobs and homes where they are needed in our towns and places. 

“As important, it will allow us to protect our distinctive landscapes so that future generations can enjoy our beautiful countryside.”

In a statement Clifton Neighbourhood Forum expressed its disappointment at the ruling.

It said: “The permission to proceed to a full hearing of our legal challenge was granted because a Deputy High Court Judge agreed that ‘the Inspector didn’t adequately grapple with critical concerns around the Calderdale Strategic Transport Model (CSTM), instead adopting the Council’s case in this respect.’ However, the judgment handed down today found no legal inadequacy for the Planning Inspector’s reasons. [emphasis in original]

“The judgment is concerned purely with the adequacy of the Inspector’s reasoning and does not vindicate or endorse Calderdale’s Transport Model. It remains our position that the Transport Model is not fit for the purpose of showing the actual impacts of the development allocations included within the Calderdale Local Plan, as it underplays levels of highway congestion, including around the Brighouse area. Every planning application that comes forward will still need to demonstrate that it does not result in a severe impact on the highway network, and we believe this test will not be satisfied.”