Developer challenges council's housing plan

A housing developer is attempting to overturn housing plans drawn up by a council, claiming they are not legally valid.

Shropshire-based Boningale Developments has challenged Telford and Wrekin Council, over the authority's house-building targets in its local plan.

With the support of the Home Builders Federation, it said the authority had not done enough to support the housing needs of other councils in the West Midlands - the so-called "duty to co-operate".

But the authority has been supported by councils in Dudley and Wolverhampton, which have told planning inspectors that while housing need is growing, Telford and Wrekin had done its bit for now.

Boningale Homes, which was refused plans to build 800 homes in Albrighton by neighbouring Shropshire Council in December, is set to take on Telford and Wrekin Council at local plan review hearings due to start in Telford on 24 February.

If it is successful in arguing the council's Local Plan is non-compliant, it could open the door for more house building in the area - because the council would not have an enforceable policy.

A statement submitted by Boningale's agent Marrons read: "The plan, in its current form, is legally non-compliant and should not proceed unless and until […] strategic cross-boundary matters are properly resolved and formally secured."

Both Telford and Wrekin Council and Shropshire Council have a legal duty to help with a share of the "unmet" housing needs from the urban West Midlands.

Marrons said: "The most serious shortcoming relates to unmet housing need from the Black Country.

"Although the council proposes a minimal contribution, there is no finalised and binding agreement which secures how that contribution will be apportioned, delivered, phased or monitored."

The Home Builders Federation has told the inspectors it was "unclear how the council arrived at a figure of 153 dwellings per annum to assist with the unmet need of the wider area, and why it is not doing, or being asked, to do more".

But neighbouring councils have disagreed.

Dudley Council said Telford and Wrekin had "engaged in a positive, co-operative and active manner with the Black Country councils – both jointly and individually – throughout the preparation of the local plan".

It said there should be an "early review" however, because "a cumulative evidenced housing shortfall remains".

Another developer, St Philips Land Limited, agreed there was a need for more housing to support the Black Country.

But it also came to the defence of Telford and Wrekin Council and said it "considers that the council has provided sufficient, and robust, evidence to demonstrate that the duty to co-operate has been met".

Telford and Wrekin Council has told the government inspectors it has "submitted robust evidence to demonstrate that the duty to co-operate has been met and that the council has engaged actively, constructively and on an ongoing basis".

This news was gathered by the Local Democracy Reporting Service which covers councils and other public service organisations.

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