Mid Sussex District Council to Challenge Secretary of State
- 02/06/2025
Mid Sussex District Council has launched a legal challenge against the Secretary of State for Housing, Communities and Local Government after being advised by the Planning Inspectorate that it is considering failing the area’s District Plan.
After examination of the Plan in November, the Council has waited five months to hear from the Inspector.
The Inspector’s findings are that the Council has failed in its Duty to Cooperate with neighbouring Councils, simply because it did not say specifically which neighbouring Councils would benefit from the 1,000 additional houses Mid Sussex will build to help them meet their housing needs.
The Council considers this to be an extraordinary response to a technical matter that could easily be remedied another way.
Mid Sussex is the only council in West Sussex to meet its housing targets, whilst also agreeing to build extra houses to help its neighbours, Horsham and Crawley.
The Council has also delivered an unprecedented number of new houses in recent years – over 1,000 per year.
The effect of the Inspector’s findings could be to leave Mid Sussex unprotected from speculative development. This is because, if the Council followed the Inspector’s findings, it would need to start its plan making from scratch. This would take at least 30 months and over £1m. Mid Sussex is due to be dissolved, under the Government’s plans for reorganisation, in 2028.
It is for these reasons that the Council feels it must legally challenge the Inspector’s views.
The Leader of Mid Sussex District Council, Cllr Robert Eggleston (Liberal Democrat) said:
“Mid Sussex has drawn up its Plan following the advice of very senior planning lawyers and advisors, so we are understandably amazed at the Inspector's rationale.
“It is extraordinary that the Inspector has ignored the evidence we provided. The same evidence that has previously satisfied other Inspectors.”
This view is backed by the Leader of the Conservative Group, Cllr Marsh who said:
“I have a lot of experience of planning, and this has left me speechless. Our Plan was well supported by our communities, neighbouring councils, and many leading house builders. This is deeply worrying.”
Mid Sussex District Council started work on updating the area’s District Plan in 2021. It guides the use of land and development across Mid Sussex until 2039.
“The practical effect of the Inspector's conclusions are that the District will not be able to defend itself against speculative, opportunistic planning applications. This is against everything we believe,” added Cllr Marsh.
"Plan-led housing growth is the proper way to do things; not like this. The Inspector could have modified our Plan at the next Stage to remedy the technical issue identified. This approach is irrational and disproportionate.
Mid Sussex District Council has sought independent advice and will be challenging the Inspector's decision, which has taken an exceptional five months to be delivered.
Cllr Eggleston said: “We are left with no choice. We must protect Mid Sussex from unplanned, speculative development.
“We have worked diligently for many years to undertake the work thoroughly and in accordance with government guidance and the law. The Inspector's ill-founded conclusions are a slap in the face for proper Plan making and the patient, careful work needed to build consensus amongst communities and with our partners.”
Please see our District Plan Review & District Plan Review - Examination