Wealden advised against challenge

Wealden Council has been told that a legal challenge to reduce the number of new homes allocated to the district in the South East plan would be unlikely to succeed.

The council objects to a proposal to increase Wealden's housing allocation to 11,000. It argues the district has significant environmental constraints and lack of adequate infrastructure or guarantee of its timely arrival.

But legal advice says a challenge that the Secretary of State had failed to properly take into account infrastructure concerns would be unlikely to succeed. The Secretary of State would demonstrate these concerns had been properly taken into account when the increased housing provision was proposed.

Counsel advised that in his opinion: ‘It cannot be said that the reasons are unintelligible – they do make sense.' The Secretary of State considers there needs to be a higher rate of development and that infrastructure issues should not stand in the way.

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