St Ives Neighbourhood Plan second homes restrictions: Cornerstone Barristers instructed in JR Challenge

01 Jan 2018

Planning and Environment, Public Law and Judicial Review

Following the referendum on the St Ives Neighbourhood Plan, which received the support of 83% of residents, a representative of the development industry has challenged the decision by Cornwall Council to allow the Plan to proceed to a referendum.

The Neighbourhood Plan places restrictions on residential development in St Ives and provides that new residential development “will only be supported where there is a restriction to ensure its occupancy as a Principal Residence (which is defined to be a “sole or main residence”)”. The Plan makes clear that “new unrestricted second homes will not be supported at any time”.

The developer is arguing that the Council’s decision was unlawful because the policies in the Plan do not comply with the basic conditions for a Neighbourhood Plan, are in conflict with the NPPF, are in breach of Article 8 ECHR and are in breach of s. 149 of the Equalities Act 2010.

Mark Lowe QC and Jack Parker from Cornerstone Barristers’ Planning Team are advising Cornwall Council.