Judicial review in High Court for Truro Eastern District Scheme

A plan to build homes, a supermarket and a Cornish Food Hall on farmland on the outskirts of Truro could be stymied, after permission was given for a Judicial review in the High Court.  

​The Truro Eastern District Centre project, baked up by Waitrose, the Duchy of Cornwall, Cornwall Council and Taste of Cornwall, may face a serious legal hurdle after a judge said the major development contained "arguable flaws".

The judge is reported as saying: "I am persuaded that in the circumstances this major development permission does contain arguable flaws."

Elwyn Jones, chairman of Taste for Cornwall has called Truro City Council, "completely out of touch with their electorate, adding that their attempts to "frustrate the democratic planning process do not serve their electorate well".

The controversial £40 million project is a partnership between Cornwall Council, the Duchy of Cornwall, Waitrose and local food producer group The Taste of Cornwall. Backers say the plans will create more than 200 jobs, create housing, a park and ride, an energy centre and recycling facilities, while detractors say it will impact city centre trade.

In a close run vote, Cornwall Council’s Strategic Planning Committee approved the scheme on March 8, last year subject to approval from the Secretary of State. Work on the Park & Ride and Household Waste and Recycling Centre (HWRC) including a major upgrade to the Union Hill junction, is now expected to start early next year and take around a year to complete.

A Cornwall Council spokesman said: "Cornwall Council welcomes the High Court’s decision to bring forward without delay the hearing into Truro City Council’s judicial review in respect of the Truro Eastern District Centre. We are confident that the decision to award planning permission is lawful and we will be robustly defending the application."

Related links: City's MP says supermarket development should be called in by government

Secretary of State gives Truro Waitrose and food hall development the go-ahead

LETTER: Waitrose will see Truro become a ghost town

Controversial plans for Waitrose on Truro farmland gets green light

Comments(3)

Gillian Zella Martin 09 says...
7:37pm Thu 7 Mar 13

A hypothetical theory on my part is that it is a pacifying exercise for the protest group, just to afford them their right to object, and the end result will be that most of it if not all, will eventually be given permission and go ahead, due to the fact the government are pushing for houses to built in Cornwall and promoting recycling.

I personally believe the development should go ahead. The housing development is to include affordable and social rented properties I believe, which are much needed.

omdurman 1898 says...
4:05pm Fri 8 Mar 13

Gillian Zella Martin 09 wrote:
A hypothetical theory on my part is that it is a pacifying exercise for the protest group, just to afford them their right to object, and the end result will be that most of it if not all, will eventually be given permission and go ahead, due to the fact the government are pushing for houses to built in Cornwall and promoting recycling.

I personally believe the development should go ahead. The housing development is to include affordable and social rented properties I believe, which are much needed.
Sorry GZM 09, i disagree very strongly with you about your opinion on this development. I know you are fervent in your view that all Housing schemes should go ahead wherever they are proposed ( especially in Green Belt areas), but this development would obliterate an outstanding area of Countryside. They want to have a second Park and Ride for this area of Truro, yet if you know the area where the current one is located you'll know that in fact Traffic is very heavy much of the time. The City already has enough Supermarket's, and there are plan's for Housing near Arch Hill, though the Council Planner's turned the Application down. I note though, that the House Builder intends to appeal. You should never 'pour scorn' on people's right to protest against something they disagree with, or form a Protest Group. We live in a Democracy, and you should be allowed to say what you want ( within reason). Since the late 1990's however
, it seems that you are 'branded' if you dare to speak out about certain issues.
.

Gillian Zella Martin 09 says...
9:20pm Fri 8 Mar 13

omdurman 1898 wrote:
Gillian Zella Martin 09 wrote:
A hypothetical theory on my part is that it is a pacifying exercise for the protest group, just to afford them their right to object, and the end result will be that most of it if not all, will eventually be given permission and go ahead, due to the fact the government are pushing for houses to built in Cornwall and promoting recycling.

I personally believe the development should go ahead. The housing development is to include affordable and social rented properties I believe, which are much needed.
Sorry GZM 09, i disagree very strongly with you about your opinion on this development. I know you are fervent in your view that all Housing schemes should go ahead wherever they are proposed ( especially in Green Belt areas), but this development would obliterate an outstanding area of Countryside. They want to have a second Park and Ride for this area of Truro, yet if you know the area where the current one is located you'll know that in fact Traffic is very heavy much of the time. The City already has enough Supermarket's, and there are plan's for Housing near Arch Hill, though the Council Planner's turned the Application down. I note though, that the House Builder intends to appeal. You should never 'pour scorn' on people's right to protest against something they disagree with, or form a Protest Group. We live in a Democracy, and you should be allowed to say what you want ( within reason). Since the late 1990's however
, it seems that you are 'branded' if you dare to speak out about certain issues.
.
I am not pouring scorn on anyone's right to protest I simply believe that as the government are pushing targets for house building that the end result will be that after letting the protesters have their say, the builder will get the go ahead, I may well be wrong but this just seems to follow a pattern and not just in Cornwall and not just for houses, the same thing has happened with an incinerator in the past, and incidentally I did not vote for this government.

My own personal view on housing is irrelevant to how I think the issue will pan out due to the government stance and the right of appeal for builders that is in place.

You are wrong to state that I am fervent in my view that all housing schemes should go ahead wherever they are proposed, especially in green belt areas. I do not necessarily want housing in green belt areas I just believe that each individual case should be decided accordingly, taking into consideration housing growth rate over a period of time in a particular area, and local needs, and there are obviously many people out there 'for' as well as 'against' each scheme.
I am not surprised if it is true that the house builder intends to appeal as this is another route that is frequently followed and can result in high costs to Cornwall Council. Until legislation is changed regarding the right of appeal for the builders, then this scenario will be repetitive.

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