The government could face a legal challenge over plans to bypass the normal planning regime in order to press ahead with proposals for eco-towns.

The warning came from the Local Government Association (LGA) which sought legal opinion on the issue.

Lawyers John Steel QC and James Strachan said there was nothing special about eco-towns that would justify circumventing the current planning regime ‘other than the government’s wish to avoid the system due to the need for proper scrutiny, which takes time’.

If the proposals amount to a ‘plan or programme’ under European rules the government would have a duty to carry out a proper strategic environmental assessment (SEA).

‘There is nothing to indicate that the government has complied with that duty to date,’ they said.

‘Nor is it clear how it will be able to deal properly with that duty retrospectively, and in particular the obligation to consider alternatives as a necessary part of any SEA.’

The LGA insisted it was not opposed to eco-towns in principle but condemned the government for bypassing local democracy and planning processes.

LGA chair, Sir Simon Milton, said: ‘The approach the government is adopting is deeply flawed.

‘While we are in favour of tackling the housing crisis by building thousands of extra homes, some of them in developments with the highest environmental standards, we don’t think this is the right way to do it.

‘Eco-towns must be delivered without bypassing the planning processes and ensure that new developments have good transport connections alongside the schools, health and leisure facilities which are needed to create places where people would want to live.’

by Susan Downer
susan@newstartmag.co.uk