Housing developer accuses Pickles of abusing power

Peter Village QC, appearing for Cala Homes (South) Ltd, told a judge that Eric Pickles was seeking to revoke regional strategies through an executive decision.

Mr Village argued primary legislation should have been introduced, giving Parliament the opportunity to debate an issue crucial to future planning in England. His decision “struck at the heart of parliamentary democracy”.

Cala Homes was asking Mr Justice Sales, sitting in London, to intervene and quash the secretary of state’s action.

Mr Village said regional strategies played a fundamental part in planning control.

Mr Pickles had taken a decision in July to revoke the strategies, which include house building targets, under the 2009 Local Democracy, Economic Development and Construction Act.

The Government said its aim was to return planning powers to local communities.

But the decision was “antithetical to the policies and objectives” of the 2009 Act and in breach of planning regulations and EU law, said Mr Villages.

“It is not lawful for the defendant to act contrary to the policy and objectives of that legislation, and to thwart or subvert it through executive decision making.

“To do so is a constitutional abuse of power that strikes at the heart of Parliamentary democracy, which the courts have a duty to prevent.”

The decision was part of “the flagship initiative of the big society agenda”.

Cala Homes’ application for judicial review was not about whether Mr Pickles was right in his beliefs or whether his reasons were good or bad.

“What it is about is whether the secretary of state has unlawfully misused his powers in pursuing a policy of what is known as ‘localism’, or, more aptly, ‘parochialism’.

“What he has done is unlawfully to have removed from Parliament the right and duty to examine whether the policy of regional strategies is the right way forward.”

James Eadie QC, appearing for the Communities Secretary, is arguing that Mr Pickles acted within his powers.

Mr Eadie says regional strategies were made by regional assemblies, an undemocratic tier of regional government, and undermined local authorities.

The strategies themselves were bureaucratic and unnecessary and were to be repealed by the Decentralisation and Localism Bill in 2011.