Calderdale Local Plan: Community campaigners' Crowdjustice appeal hits target

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A Calderdale community group seeking a judicial review of a council’s decision to adopt the authority’s controversial Local Plan has hit its initial fundraising target.

Clifton Village Neighbourhood Forum set up a Crowdjustice funding page to raise money for legal costs which will arise from a bid to challenge the process, which could see hundreds of new homes built across Brighouse and other parts of the district over the next decade.

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The Brighouse-based group needed to raise at least £15,000 and has now reached that initial target.

The forum has reported on its website that legal papers were filed at the High Court on Friday, April 28, and served on Calderdale Council and the Secretary of State for Levelling Up, Housing and Communities, Michael Gove MP, on May 2.

An aerial view of Brighouse where thousands of new homes could be created on fields and open spaces as part of Calderdale's controversial Local Plan, which was adopted by councillors in March 2023.An aerial view of Brighouse where thousands of new homes could be created on fields and open spaces as part of Calderdale's controversial Local Plan, which was adopted by councillors in March 2023.
An aerial view of Brighouse where thousands of new homes could be created on fields and open spaces as part of Calderdale's controversial Local Plan, which was adopted by councillors in March 2023.

The claim seeks an order quashing the decision to adopt the Calderdale Local Plan.

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The group says it “provides several detailed grounds for the claim, including errors of fact within the Inspector’s Report on which the decision to adopt was based.”

In March Calderdale Council agreed to adopt the plan which could see almost 10,000 new homes built in the borough by 2033, including the creation of huge ‘garden suburbs’ on fields and open spaces at Woodhouse at Brighouse and rural Thornhills at Clifton.

Planning Inspector Katie Child, who oversaw the four year-long examination process of the land-use blueprint, said she found that subject to some main modifications – which councillors agreed to make – the Local Plan was “sound”.

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Campaigners and councillors fighting the Local Plan proposals lobby outside Halifax Town Hall ahead of a council meeting in March.Campaigners and councillors fighting the Local Plan proposals lobby outside Halifax Town Hall ahead of a council meeting in March.
Campaigners and councillors fighting the Local Plan proposals lobby outside Halifax Town Hall ahead of a council meeting in March.

The council argues the new homes are needed, particularly if the borough, which has an ageing population, is to attract new businesses and grow, also citing extensive waiting lists with the borough’s main social housing provider.

In some areas of south east Calderdale, where the lion’s share of the homes might be built, the plan is particularly controversial – Clifton, close to Brighouse, is one of these communities.

Others include Shelf, Northowram and Greetland.

Both parties have 21 days from serving to respond to the claim to indicate whether they are conceding (that is, agree that the decision to adopt the local plan should be quashed) or whether they intend to defend the claim.

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A view of countryside at Thornhills, near Clifton, Brighouse, which could be carved up for new housing.A view of countryside at Thornhills, near Clifton, Brighouse, which could be carved up for new housing.
A view of countryside at Thornhills, near Clifton, Brighouse, which could be carved up for new housing.

If they intend to defend, they will need to include their main arguments in their response.

If at least one party is defending the claim, then the matter will go before a Judge (on the papers only) to decide whether to grant permission for the claim to proceed to a full hearing, says the forum.

The forum reported on Sunday it had raised the minimum amount (£15,000) to fund the claim and posted that the ‘stretched target of £20,000 is achievable within the next nine days’.

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“Further fundraising will be required to finance any subsequent full court hearing.”

Building boom: Upto 10,000 new homes could be built in Calderdale over the next decade as part of the district controversial Local Plan land-use blueprintBuilding boom: Upto 10,000 new homes could be built in Calderdale over the next decade as part of the district controversial Local Plan land-use blueprint
Building boom: Upto 10,000 new homes could be built in Calderdale over the next decade as part of the district controversial Local Plan land-use blueprint

A judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body.

Judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached.

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