A LEGAL challenge to prevent 175 new homes being built on the outskirts of Clacton has succeeded after developers failed to contest the bid.

Bosses at Tendring Council were set to call for a judicial review to block the controversial new estate off Centenary Way.

Critics said building on the car boot sale site between Clacton and Little Clacton would see the town and village merge.

The council turned down the application in June last year but developers Ray Chapman Associates launched an appeal in a bid to overturn the decision.

A planning inspector ruled in favour of the development in September, but the council launched a legal challenge.

Now it has been told neither the secretary of state or the developer is to defend the challenge and the appeal decision is expected to be quashed.

A new appeal will be held in front of a different government inspector next year.

Council leader Neil Stock said mounting the challenge was a huge step for the authority to take.

“It is not something this council has done before but our planning officers were of the view that the appeal decision was flawed. We took legal advice and felt we had a strong case.

“We went out on a limb on this one and I am very proud of the outcome so far.

“We have won this particular battle but we have not yet won the war as there will be a further enquiry in front of another inspector and we do not know what the outcome will be.”

Little Clacton and Weeley councillor Jeff Bray previously said he was “bemused and disgusted” by the inspector’s original decision and that the village would be “changed beyond recognition”.

Council planning chief Cath Bicknell this week said they would put forward the best possible case at the new appeal.

The council is still waiting to hear why the challenge is not being contested, but it could give hope to protestors objecting to more than 130 new homes off Sladburys Lane, in Clacton.

Council bosses are also challenging that development after it was given the green light on appeal by a planning inspector.

Developers ‘make a mockery’ of system - Page 23