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Friday, 11 October, 2002, 06:54 GMT 07:54 UK
Homes threat after court victory
Homes battle
The two homes are almost built
A pensioner who took on his council over a decision to allow a housing development next to his home has won a victory at the High Court.

The future of two partly-built homes is now in doubt.

Former Royal Navy officer Edmund Rank got the planning permission, granted by East Cambridgeshire District Council, overturned.

Two new three-bedroom houses next to Mr Rank's home in Lode Road, Bottisham, near Cambridge, are already nearing completion - but now have no planning consent.


We've struck a blow for Bottisham Parish Council, whose views were totally ignored by East Cambridgeshire

Edmund Rank

The council was also ordered to pay Mr Rank's �11,500 legal costs.

Mr Rank, 81, said: "This is a victory for democracy and the people of Bottisham.

"We've struck a blow for Bottisham Parish Council, whose views were totally ignored by East Cambridgeshire."

Given permission

Mr Rank was spurred on after discovering that Leeds Builders planned to demolish the bungalow at number 44 Lode Road, and build two houses with garages.

Mr Rank, who served on minesweepers, attempted to scupper the plans by arguing his case at a meeting of East Cambridgeshire District Council's Planning Committee.

However, the building work was given the permission on 14 June.

On Thursday, Deputy High Court Judge George Bartlett QC ruled the council had acted unlawfully in failing to take into account the environment secretary's refusal to grant permission for a similar development on the same site in 1989.

An environment department planning inspector had said at the time the development then proposed for the site would be "cramped" and out of keeping with the rural surroundings.

'Obvious relevance'

The judge said the inspector's conclusions were of "such obvious relevance" that the committee's failure to take account of them this year made its decision unlawful.

Planning committee chairman Councilor John Abbott said: "The judgment means that the application must be re-determined by the planning committee, which will consider what weight should be attached to the considerations raised by the High Court judge.

"We hope to determine the application at the next meeting on 6 November, at which time councillors will be able to consider all the material planning considerations raised by the High Court judge before reaching his decision."

David Butler, Cambridge-based architect for the developers, said: "This is not over by any means."


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