Daily Archives: 1 July 2018

Judicial Review Dismissed – Theydon Bois Green Belt Saved From Development

Further to the report in our Spring 2018 Update, TBAG are delighted to report that the Judicial Review brought by the owners of the Old Foresters site in Theydon Bois who sought to develop the land, has now been dismissed.

TBAG’s Chair and Vice Chair attended London’s Royal Courts of Justice, Strand today to hear the handing down of the Judgment in the case of CK Properties (Theydon Bois) Limited against Epping Forest District Council.  CK Properties were aggrieved that their site on land known as The Old Foresters had not been included by EFDC in the Submission Version Local Plan as land for development and claimed, inter alia, that they had been prejudiced by the non-availability of Appendix B to the Site Selection Report.

The case had been heard over two days at the end of May with the Claimant’s argument having four grounds of challenge.  Much reference to previous pertinent legal cases was made and matters were debated at length in the twenty-one page Judgment.  The Judge found against all of the four grounds observing that the essence of CK Properties’ complaint was that Appendix B had not been made available on 14 December 2017 at the time of EFDC’s decision to submit the draft local plan to the Planning Inspector for examination in public.  Costs were ordered to be paid by the Claimants to the EFDC in the sum of £10,000.

So while EFDC’s Submission Version Local Plan has been delayed for three months from being sent to the Planning Inspector, we are hopeful that it will now be submitted as soon as is possible.

TBAG is of the firm opinion that there should be no development to the east of the railway line in accordance with the Government’s National Planning Policy Framework and that the railway line presents a clear physical feature that is readily recognisable and likely to be a permanent boundary with the Green Belt to the east of our village.

During this extended period of glorious Mediterranean weather, we would remind supporters of the public footpath network that lies on our doorstep just over the railway footbridge including one path which crosses the Old Foresters’ site.  So why not take a walk in the country and enjoy our precious Green Belt!