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Legal Challenge to Cherwell Plan granted permission to proceed

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In an Order made by Mrs Justice Lang on 11 February, Cherwell Development Watch Alliance (CDWA), an alliance of five local community associations, has been granted permission to proceed with a statutory review challenge to the adoption of Cherwell District Council’s Local Plan Partial Review (“LPPR”). The LPPR allocates 4,400 houses in the Green Belt as a contribution to meeting Oxford City’s unmet need.  The challenge is brought on two grounds: One in which CDWA allege a failure to take into account a significant drop in Oxford’s underlying housing need when considering the exceptional circumstances test for Green Belt release. The other relating to the evidential and policy basis for the loss of a golf course to housing. The Judge considered that CDWA has presented arguable grounds which require full consideration at a substantive hearing.  The date for that hearing has not yet been set. Jenny Wigley represents the Claimant, CDWA (instructed by Ricardo Gama of Richard Buxton solicitors). Leon Glenister represents the second Defendant, Secretary of State. Rupert Warren QC, James Maurici QC and James Neill represent Interested Parties.

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