Council takes government to court over planning row

Council bosses in Worcestershire are taking the government to the High Court after they were stripped of their powers to vote on big planning applications.

Wychavon District Council's leadership described the sanction as "outrageous" and said it wanted to set a legal precedent by winning the case.

It said a two-day hearing would take place in December in a bid to overturn the punishment, which was introduced in June.

A spokesperson for the Ministry of Housing, Communities and Local Government (MHCLG) said it wanted to "get homes and infrastructure built quicker for local people".

The sanction was said to be made because too many housing developments refused by councillors over a two-year period in Wychavon were later allowed on appeal, with the government accusing them of "not delivering".

Councillor Emma Kearsey, deputy leader and cabinet member for planning, said: "We've had very strong legal advice on this - we are taking them to court and it's now in the hands of the judges.

"We are not going to lie down and take what the government has inflicted on us, it's totally and utterly wrong.

"We want to demonstrate to the people of Wychavon, and the people of this country, how badly we've been treated in respect of planning."

The special measures means developers can now bypass the authority and apply straight to national planning inspectors for a decision on all major housing projects instead.

Planning applications of 10 homes or more are classed as "major" ones.

The sanction, under the Town and Country Planning Act, was brought in because between 2023 and 2025, 10.7% of planning applications in Wychavon were allowed on appeal, slightly above the government's accepted limit of 10%.

The council's legal team will argue that in the 12-month period up until March this year, only 5.2% of applications refused by councillors were allowed on appeal, and that the latest data should have been taken into account.

A spokesperson for the government has described the authority as being among a "minority of councils" that have "repeatedly failed to take the decisions needed" on new housing over a sustained period of time.

An MHCLG spokesperson also said it intended to "modernise planning committees" to make decisions quicker, meaning that from October more housing decisions will be made by council officers.

They added: "This will ensure planning applicants have the clarity they need, and will get homes and infrastructure built quicker for local people."

Wychavon is under significant pressure to build new housing - with plans in place for a new 10,000 home town, as well as almost 2,000 homes in Pershore, Droitwich and Evesham by 2041.

The BBC visited Pershore - one of the towns which comes under the council's district - where residents said they were backing the authority.

Tony Amphlett, a pensioner, said: "Local people should be making decisions on housing - and at the end of the day that's the councillors.

"They live here like the rest of us, and understand the area and what it needs."

Lisa Collins, a shop worker, said: "You shouldn't have people miles away from Pershore having the power to say yes or no [to developers]."

"I'm concerned if they lose the court case, what the cost could be - but I agree with the council that it comes down to the principle of it."

John Worthington, a dog walker, added: "The councillors are meant to be making these decisions, otherwise what's the point of us voting them in?"

The hearing will take place on December 8 and 9 at Birmingham Civil Justice Centre.

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