A developer has taken its fight against a community plan to the Court of Appeal.
Bourne-based Larkfleet Homes has made an application to appeal against Mr Justice Collins’ decision in the High Court on December 8 to reject the its challenge to the Uppingham Neighbourhood Development Plan.
Larkfleet had argued that Rutland County Council should never have put the plan to a public referendum. But lawyers for the county council argued the challenge had been brought by an “aggrieved” developer seeking to promote its own site off Ayston Road, which was not included in the plan.
Mr Justice Collins sided with the council.
A Larkfleet spokesman said the firm had applied to the judge to appeal his decision. A spokesman added: “Mr Justice Collins has refused permission for an appeal. Larkfleet has therefore made an application directly to the Court of Appeal for permission to appeal against his December 8 judgement.”
The Neighbourhood Plan was drawn up by a team on behalf of Uppingham Town Council under the Localism Act 2011. It supports the construction of 170 new homes in Uppingham in the period up to 2026.
Lawyers for Larkfleet have spent plenty of time in London recently. The firm also challenged plans for a multi-million pound relief road around Grantham in the High Court in November.
But judge Mrs Justice Lang rejected the challenge, refusing to quash planning permission. Larkfleet had claimed the full environmental impact of the road had not properly been considered.