Judge justifies rejection of Staffordshire football centre challenge


A high court judge has given his reasons for rejecting a legal challenge to the inclusion of 28 homes in the planning consent for the national football centre in Staffordshire.


A group of local residents, led by businessman Ian English, were seeking to challenge the decision reached by East Staffordshire borough council on 17 May to approve plans for the Football Association’s (FA) £100m training pitches near Burton-on-Trent.


As part of the planning application the FA stated that, following the collapse of one of its broadcast partners Setanta, the housing development was required to “enable” the development of the centre as there was a “funding gap” which needed to be filled.


In support of that statement the FA submitted a confidential financial report to the council, which agreed not to disclose its contents to either the public or members of the planning committee.


The council commissioned an independent review of the report from DVS Property Specialists, which verified the figures in the confidential report and stated that the housing development might plug as much as 85% of the funding gap.


Following the grant of planning permission for the development, local residents challenged the decision on the basis, among other things, that it was “procedurally unfair” for them not to have been shown the financial report in support of the development.


Giving his reasons for rejecting the challenge, Mr Justice Flaux said “I do not consider that there is anything in the claimant’s contentions that the non-disclosure of the financial report and the DVS review was unfair.”


He went on to dismiss the residents’ further arguments as “based upon a factual misconception” and “unarguable”.


christian.metcalfe@estatesgazette.com


To access all EGi news stories and commercial property data sign up for a free trial today, or visit the subscription options page to find out more.