ONE of Hampshire's biggest landowners has launched a legal bid that threatens to derail future plans for development across the Test Valley.

Landowner Barker Mills Estates (BME) has lodged a formal complaint to the High Court against the borough’s Local Plan, which set out sites for future development.

Adopted by the council at the start of the year, the blueprint outlines where the council wants 10,500 homes to be built along with businesses and other infrastructure alongside it for the next 15 years.

But now that document could be ripped up if a judge decides in favour of BME which claims the plan is flawed and was not properly researched.

BME have recently seen two appeals thrown out over their bid to build a giant business complex in Nursling.

The landowners wanted to create two industrial zones and storage for a 78-acre site at Adanac Park but their application was refused by Test Valley Borough Council - a decision which was upheld by a planning inspector.

Alongside their bid to potentially quash the local plan, BMW have also asked the High Court to consider a second legal challenge the recent appeal decision relating to their proposed development at Adanac Park and have requested that the two challenges be considered together judge.

Barker Mills is contesting the local plan over the amount of development being proposed, for housing and employment, and in particular a claim that the council failed to meet the needs that were identified in the their own evidence base which was used to research and create the plan itself.

Hampshire Chronicle:

Tim Jobling, Trustee at the Barker Mill Estates said: “It is disappointing to have to take such action, but it is clear from the advice received that there are major legal issues in the way in which both the Local Plan is drafted and how the appeals for Adanac Park were determined. 

"We have consistently sought to promote the creation of homes and jobs in Test Valley and believe that serious harm is being done to the local economy as a consequence of the failure to meet the identified needs of the area. 

"We hope our challenges will provide an opportunity to redress this position and to allow the economy to flourish.” 

Mr Jobling said "serious harm" is being done to the region's economy by the borough's Local Plan.

Hampshire Chronicle:

Planning Policy and Transport Portfolio Holder, Councillor Martin Hatley, said: “The council is disappointed that after all the hard work we have invested in getting the Local Plan adopted, a legal challenge has been made. 

“The Local Plan has already proved to be a powerful weapon in protecting the borough from inappropriate development and we have now had two planning appeals dropped as a result of its adoption. 

“The council is currently considering the submission made by trustees of the Barker Mill Estate and is seeking legal advice. As the plan has been formally adopted, it remains in force for all planning control purposes.” 

Leader of the borough council, Ian Carr, added: “As far as we’re concern our local plan is fully compliant and well researched. We will defend it.”

Members of the borough council’s southern area planning committee had refused permission on two applications for BME to build the controversial complex in 2014.

BME’s two bids were a key plank of eight planning applications to transform the site with new homes and another 47,000 sq m of business space, bringing a total of 3,800 jobs.

The scheme was backed by Hampshire Chamber of Commerce and Southampton City Council and was expected to bring 630 jobs to the area.
They also claimed it would bring in more than a £1m in business rates and “well beyond” £20m in further economic growth. 

Test Valley Borough Council’s southern area planning committee claimed the proposed distribution park would create low-skilled jobs and 1,800 fewer roles than light industrial use. 

An appeal was lodged with the planning inspector who also threw out the plans.

Only a scheme to restore Yew Tree Farm for office business space was given approval.