International law firm Eversheds has issued proceedings in the High Court on behalf of Catesby Property Group to challenge the decision of the Secretary of State to refuse planning permission for a residential development at Binhamy Farm, Bude.

The challenge concerns a residential led mixed use scheme to secure 400 homes (of which 30% were affordable units) on a greenfield site in North Cornwall, which was recommended for approval by the Inspector at appeal.

However, the Secretary of State rejected the findings of the Inspector in reliance upon his recent decision to revoke regional strategies and, in turn, the abandonment of the draft Regional Strategy for the South West.

Catesby contend that the Secretary of State has acted unlawfully by failing to notify them of this departure from the Inspector’s recommendations and by not providing the opportunity to present evidence at a re-opened Inquiry.

They also claim that the Secretary of State’s approach was procedurally unfair and failed to take account of his own policy guidance.

Stuart Andrews, Head of Planning at Eversheds, said: “Catesby have been left with no other choice than to challenge this decision in response to a complete failure by the Secretary of State to afford the opportunity for a fair hearing and, more particularly, the opportunity to present evidence as to housing need. This was not in issue at the previous Inquiry and it is, to put it at its lowest level, disappointing that the Secretary of State felt able to refuse this appeal in the absence of any tested or reliable.”