R. (on the application of Kebbell Developments Ltd) v Leeds CC

摘要

The claimant developer challenged a decision of the defendant local authority to allow a neighbourhood plan to proceed to a local referendum. The site which was the subject of the claimant's challenge was at a location called the Ridge, which was at Linton near Wetherby. The Leeds Local Plan provided for the designation of various sites, including the Ridge, as "Protected Area of Search" sites ("PAS sites"); the effect was that such sites might be developed in the future and that they should not be put to any use inconsistent with such development. The local authority's core strategy set a target of 70,000 new dwellings for the period between 2012 and 2028, 5,000 of which were to be in an area which included Linton and the Ridge. The core strategy also stated that PAS sites would be one of the prime sources for housing allocation. The interested party, the parish council for the area that included the Ridge, was opposed to its development and hoped that it would be returned to the green belt. It prepared the Linton' Neighbourhood Plan. The local authority accepted the plan subject to modifications and allowed it to proceed to a local referendum, which resulted in its approval. The plan described the Ridge as follows: "PAS site. Elevated site on ridgeline with risk of visual impact; vehicular access is steep. Traffic issues same as SHLAA 1252. Distance to bus stop outside Core Strategy threshold". Moreover, the project of examining "returning all or part of The Ridge to Green Belt and agricultural use" was included in the list of high-priority projects in the plan.