The Government decision to allow a mixed-use development with up to 1,000 flats in Vastern Road, Reading is to face a legal challenge from the council.
In March, Secretary of State for Levelling up, Housing and Communities, Michael Gove overturned planning inspector Susan Heywood’s April 2023 ruling that Aviva Life and Pensions’ outline plans to redevelop Reading Station Shopping Park (RSSP) at Vastern Court for a mix of flats, offices, community facilities and retail should be dismissed.
Now Reading Borough Council believes it has strong grounds to fight the decision and has made an application to the High Court for leave to bring a statutory review under section 288 of the Town and Country Planning Act 1990.
The council’s grounds for challenge will now be considered in detail by the High Court. If the court finds the challenge worthy of further consideration, a date will be set for the case to be deliberated by a High Court judge who can either reject the council challenge or quash the Secretary of State’s decision and advise him to revisit it.
The planning appeal was made over the council’s non-determination of the scheme but the council later decided it would have refused permission anyway.
The 1.77-hectare site is currently home to The Range, Majestic Wine Warehouse, Aldi, value store OneBeyond and TGI Friday.
Cllr Micky Leng, lead councillor for planning, said: “The council expressed its extreme disappointment at the Secretary of State’s decision on the Vastern Court proposals last month, which reversed previous decisions made by officers, councillors and, subsequently, the planning inspector following a very detailed process at the public inquiry.
“The council firmly stands by its initial reasons for refusal and, after taking legal advice, we believe we have a strong case to challenge the decision at the High Court.
“The Secretary of State concluded the re-use of the brownfield site in the town centre location outweighs the harms identified by the inspector, and by local representatives before that.
“As previously stated, the decision brings into question the value of any local authority having adopted policies and reaching planning decisions, or indeed holding detailed planning inquiries when decisions are appealed, if outcomes can be so readily overturned.
“The council now awaits the High Court ruling on whether the challenge can be progressed and if it ultimately leads to dismissal of the appeal, as originally recommended by the inspector, or whether the appeal could still be allowed, albeit on a much clearer basis than we have been offered to date.”
“We will not allow the Secretary of State to ride roughshod over and undermine the local democratic planning process.”
Image: Google.
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