Bid to halt Kelvedon planning blueprint dismissed by judge

Since 2015, Kelvedon Parish Council has been working on a Neighbourhood Plan with Braintree Council.

It sets out planning policies and allocations in a neighbourhood area and is used to help determine planning applications.

The Neighbourhood Plan was independently examined in November 2021 and was sent to a referendum on March 3.

Results showed 94 per cent of those who voted said they would like the plan to be used by Braintree Council.

A legal challenge was issued by Parker Strategic Land who sought to overturn Braintree Council’s decision to submit the Neighbourhood Plan to referendum and stop the Neighbourhood Plan being adopted by the council.

On April 12, a High Court Judge dismissed all grounds put forward by Parker Strategic Land and ordered them to pay the council’s costs.

The developer then sought to renew their bid for permission to apply for a judicial review which was dismissed by a judge.

The developer had the right to appeal against the decision to the Court of Appeal within seven days which was not taken up.

Braintree Council leader Graham Butland said: “We are pleased that the judge has refused the developer’s renewed application for a judicial review.

“Now we can finally move forward with getting the Neighbourhood Plan adopted.”

India Jayatillake, chairman of Kelvedon Parish Council, added: “Kelvedon Parish Council is pleased to hear that Parker Strategic Land is no longer pursuing a judicial review of the Kelvedon Neighbourhood Plan.

“It's wonderful for the efforts of Kelvedon's Neighbourhood Plan volunteers over the course of several years to be recognised by having Braintree Council formally adopt the plan in the near future and we hope that this will also ensure that Kelvedon's residents are given a strong voice in determining how any development in the village should be undertaken in the future.”

A report to adopt the Kelvedon Neighbourhood Plan is planned to go to a meeting of full council on July 25.