Legal challenge against approval for housing at Daws Heath launched
Castle Point Borough Council has launched a legal challenge against the Planning Inspectorate's decision to allow an appeal and grant planning permission for residential development at Brooks Farm in Daws Heath.
The outline application, for 173 homes and associated infrastructure, was originally refused by the Council's Development Management Planning Committee in March 2024. The Committee refused the application on the grounds that it constituted inappropriate development in the Green Belt, where special circumstances did not sufficiently justify the harm caused.
The applicant decided to appeal against the Council's decision, and following a public inquiry earlier this year, a Planning Inspector granted planning permission on the basis that the land was Grey Belt.
Cllr Warren Gibson, Deputy Leader of the Council said: “Following legal advice, we have taken the decision to launch a legal challenge against the Planning Inspector's decision.
“We have submitted an application to the court to challenge the decision and are now awaiting confirmation on whether it will proceed to a hearing.
“Our Administration has always been committed to protecting our green spaces, which we believe are vital for the environment, wildlife, and the wellbeing of our residents.”
The Council’s challenge centres on how the Inspector reached the conclusion that the land was Grey Belt. The Government introduced Grey Belt in December 2024 as land that does not fulfil the functions of the Green Belt including whether the land prevents towns from merging. But in February this year the government said that villages are not towns in this regard. The Council is challenging how the Inspector defined Daws Heath as a village.