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Judge sides with Poole council as developer fails with High Court bid

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A bid by a leading London developer to overturn a local plan in Poole at the High Court has been thrown out by the case's judge.

SecondSite Property, which owns a plot in the town, challenged a decision by Poole council in respect of the use of its land.

The site was originally allocated under the local plan for 'employment use' and, although a planning inspector at a public inquiry took the view it should be used for housing instead, the council has refused to reallocate it.

SecondSite accused the council of failing to give adequate reasons for its decision to ignore the planning inspector's views. But Mr Justice Sullivan last week backed the council's stance and rejected claims that it failed to give adequate reasons for its decision.

Dismissing SecondSite's challenge, he said the council had been entitled to allocate the site for employment use in its local plan.

Sullivan said the reasons given by the planning inspector for his decision had been 'a matter of planning judgment' and, as such, there had been no detailed analysis to which the council could respond when it took the view it did.

'Its response, which was also a matter of planning judgment, was adequate in such circumstances, ' Sullivan added.

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