High Court dismisses Muller appeal

A High Court judge has backed Cheshire East’s Local Plan for shaping future development in the borough by throwing out an appeal from a developer.

The legal challenge to the Local Plan by Muller Strategic Projects was dismissed after the court considered that there was no arguable case.

The challenge followed the adoption of the Local Plan Strategy in July 2017 and claimed that irregularities in air quality data had affected the selection of sites and distribution of development in the plan.

This assertion was summarily dismissed by the High Court. The judgement concluded that shortcomings in air quality data did not affect the substance of the Local Plan. Accordingly, the claim was found to be ‘not arguable.’

Councillor Ainsley Arnold, Cheshire East Council cabinet member for housing, planning and regeneration, said: “I am delighted that the court has found in our favour and that the challenge to our local plan has been dismissed.

“We were convinced that acknowledged shortcomings in parts of our air quality data had no bearing on the Local Plan – and this view has now been confirmed by the court.

“We can now proceed with certainty to properly plan for the new homes, jobs and infrastructure this borough needs – whilst ensuring we have strong policies to protect the character and quality of our local environment.”