Joint Core Strategy

Broadland, Norwich and South Norfolk Council are working with Norfolk County Council to make sure that the area’s growth is well managed. We have prepared a plan for the area, the Joint Core Strategy for Broadland, Norwich and South Norfolk, which was adopted on 24 March 2011.

 The Joint Core Strategy (JCS) is a key document in the Local Development Framework. The Framework is a group of documents that will guide how development takes place over the next 20 years.

A legal challenge to the adoption of the JCS was received on 3 May 2011 from Stephen Heard, Chairman of Stop Norwich Urbanisation. High Court Judge Mr Justice Ouseley published his final order regarding the legal challenge to major growth in the Greater Norwich area on 25 April 2012.

Heard v Broadland DC & Others: High Court Order and Schedule

The Judge prepared a note which accompanied the Order and this is available to view below:

Mr Justice Ouseley's note accompanying the Order

Mr Justice Ouseley issued the final order following his ruling in the High Court on February 24, 2012.  He found that those parts of the GNDP’s Joint Core Strategy concerning the North East Growth Triangle (NEGT) should be remitted for further consideration and that a new Sustainability Appraisal for that part of Broadland in the Norwich Policy Area be prepared.

This ends the period of uncertainty and provides clarity for residents and businesses. The judge rejected the arguments put forward by the claimant that the text promoting the expansion of Broadland Business Park and the chart showing overall homes figures should be included in the remittal.   

This means the partnership will look again at plans for the growth triangle to the north east of Norwich as directed by the judge and set out in his Order.

How to access Joint Core Strategy documents

The Adopted Joint Core Strategy, showing the remitted text, is available below.  

  (7.88MB, Adobe PDF)

All other supporting documents and the full evidence base can be accessed by clicking the image below

More information on the legal challenge process is available below:

Update Wednesday 29 February 2012

For a further statement on the Joint Core Strategy Legal Challenge click here.

Update Friday 24 February 2012

Mr Justice Ouseley gave his ruling this morning on the High Court challenge to the Greater Norwich Development Partnership’s Joint Core Strategy for jobs and homes growth over the next 15 years click here for more detail.

For details of the challenge see below.

On 3rd May 2011 Broadland, Norwich and South Norfolk Councils (the Defendants) received a legal challenge to the adoption of the JCS from Stephen Heard, the chairman of Stop Norwich Urbanisation. The grounds of the claim, as stated in the Claimant’s letter, are:

The adequacy of the Sustainability Appraisal in meeting European and National legal requirements, particularly in relation to the choice of the spatial locations for the growth and to potential alternatives to policies in the JCS

The major road link to Norwich needed to service the growth in the Broadland area at the heart of the Broadland part of the JCS was not assessed at all as part of the process.

Failures in process in relation to the JCS including in relation to water supply and affordable housing, by reasons of production of materials at a late stage in the Examination in Public process such that the claimant and others were unable effectively to deal with the issues raised before the Inspectors.

Despite this legal challenge the Joint Core Strategy remains adopted and part of the Development Plans for Broadland, Norwich and South Norfolk. Planning determinations will still be made in accordance with the Development Plan unless material planning considerations indicate otherwise. The claim may be a material consideration where applications relate directly to the concerns of the claimant.

On 5 July Richard Buxton, the Solicitor acting on behalf of the claimant, Stephen Heard, lodged a claim bundle at the administrative court, including an amended claim form. The three claims are summarised below:

Claims 1 and 2 are unchanged:

Claim 1: The adequacy of the Sustainability Appraisal in meeting European and National legal requirements, particularly in relation to the choice of the spatial locations for the growth and to potential alternatives to policies in the JCS.

Claim 2: The major road link to Norwich needed to service the growth in the Broadland area at the heart of the Broadland part of the JCS was not assessed at all as part of the process.

Claim 3 has been deleted. There is a new claim three: The Inspectors failed to consider whether the JCS was in general conformity with the Regional Strategy.

The defendants, Broadland District Council, Norwich City Council and South Norfolk Council submitted their response to the claim on 26 July.

The defendants’ witness statements are available below.

Ground 1 Witness Statement
Ground 2 Witness Statement
Ground 3 Witness Statement

The case was heard by Mr Justice Ouseley at the High Court on 6 and 7 December 2011.