MAR 99] STRATFORD ON AVON DISTRICT COUNCIL PRESS RELEASE
Clopton High Court Appeal Postponed
appeal to the High Court, due to be heard this week against refusal to allow a housing
development in Stratford-upon-Avon, has been postponed until July. Bryant Homes have
applied for planning permission on land at Clopton Fields on three occasions and each
time, Stratford District Council has turned them down.
On the last occasion, the Council's decision was upheld by
the Secretary of State for the Environment, Transport and the Regions, John Prescott,
following a major public inquiry. Bryant Homes are now challenging the legality of Mr
"Apparently the delay is due to the lack of available
judges," said Cllr Susan Juned, the District Council Leader.
"Whatever the reason, we shall continue this fight
which is now nearing its tenth anniversary. We remain resolute and totally convinced of
the strength of our case.
"This issue has been to the highest courts of the land
and surely this ought to indicate to the applicants the unsuitability of housing on this
particular area of Stratford."
It is estimated that so far, the cost to the council of
mounting their defence is between £50,000 - £100,000.
The District Council had originally refused planning permission in July 1991, after which
Bryant Homes (Central) Ltd appealed to the Environment Secretary, who, after a public
inquiry in October 1991, granted permission in August 1992. Stratford District Council
appealed to the High Court, which then quashed the Environment Secretary's decision in
July 1993. Bryant Homes then appealed to the Court of Appeal, but in January 1995 the
Court of Appeal upheld the High Court's ruling. Bryant Homes then sought leave to appeal
to the House of Lords, which was refused. In September 1995, the then Secretary of State
decided that as the appeals were undetermined, further written representations should be
made which would enable the Secretary of State to determine the appeals afresh.
However, a further public inquiry was held in November 1996
and Bryant subsequently submitted another planning application which was refused by the
Council's Avon Area Planning Committee in January 1997. In July 1998 the Secretary of
State agreed with the report of the Inspector who conducted the public inquiry, and
dismissed the appeal.
Mark Lepkowski, Press Officer 01789 260104
Sean O'Grady, director of planning on