DATE: 12 Jul 2011
Four week inquiry concerning Lord Derby’s appeal against the refusal of his application for an urban extension to the north of Newmarket at Hatchfield Farm. The appeal concerned a mixed use proposal for 1,200 houses, substantial business floorspace and other ancillary development. The development is said by Lord Derby to be a necessary development to meet housing need in a highly sustainable location.
The site previously had support from the Forest Hearth Core Strategy 2010, but was removed from the plan when a significant part of it was quashed by Collins J. in March 2011 in Save Historic Newmarket Ltd & Others v. Forest Heath District Council [2011] J.P.L. 1233 for breach of the SEA Regulations and Directive. Forest Heath DC opposes the application and has launched a single issue review into the amount and distribution of housing to be provided in the District over the Core Strategy period.
The proposed development is highly controversial and is strongly opposed not only by the Council but also by the horse racing industry (Tattersalls Ltd, Darley Stud Management Co. Ltd, Godolphin Management Co. Ltd, Jockey Club Estates Ltd, Newmarket Trainer's Federation and the Newmarket Stud Farmers Association) and Save Historic Newmarket Limited. The proposals are seen by opponents as likely to cause serious harm to the unique character of Newmarket and to the racing industry which is responsible for a significant portion of the local economy and which makes an important contribution to the UK economy on a scale equivalent to the UK film industry (including much investment from abroad).
The inquiry sat for 3 weeks in July 2011 and will reconvene for a week in September 2011. The Secretary of State's decision is expected in early 2012.
Christopher Boyle is junior counsel for Lord Derby (instructed by Lawrence Graham).
David Elvin QC and Charles Banner represent Save Historic Newmarket Ltd (instructed by Ashurst LLP).
