A town council has failed in its challenge against a decision to build 85 more homes at an area that already has 700 extra houses in the pipeline.

Hayle Town Council had taken the decision by Cornwall Council to judicial review.

However, on Friday it learnt it had been unsuccessful, following a High Court hearing held on Friday January 20.

On Friday a High Court Judge ruled in favour of Cornwall Council after considering the arguments put forward by both parties.

On February 7, 2022 members of the West Sub-Area Planning Committee at Cornwall Council agreed to grant planning permission - subject to conditions and Section 106 planning obligations - on a site off Viaduct Hill.

This was despite the town council warning that the area already has 700 extra houses in the pipeline and could cope with any more development.


READ MORE: More new homes in Cornwall planned at Hayle despite concerns

 

Hayle Town Council said the decision was made by the committee after a planning officer reported that funding had been secured for the upgrade to the Loggans Moor roundabout and was scheduled for delivery in 2022/23.

However, just a month later, Cornwall Council withdrew from the roundabout upgrade scheme - and Hayle Town Council felt that this was a material consideration to which Cornwall Council was obliged to consider before granting planning permission.

Hayle Town Council applied for the decision to be taken to judicial review, and in September 2022 a High Court Judge decided that Hayle Town Council’s challenge was sufficiently arguable to proceed to a full hearing.

However, after considering the evidence the judge ruled in favour of Cornwall Council.

Cllr Anne-Marie Rance, mayor of Hayle, said: "We are disappointed that the High Court Judge has found against Hayle Town Council as we wanted to ensure that any new developments are in line with the Hayle Growth Area Concept Plan, as agreed by both Hayle Town Council and Cornwall Council.

“The plan seeks to avoid ad hoc development that is not supported by green infrastructure, including the implementation of highways and junctions prior to the granting of planning permission.

“Taking the decision to pursue a judicial review was not a decision that the council took lightly. We took a stand to ensure that any development in Hayle is supported by suitable infrastructure as we feel that the whole community will be negatively impacted.”