Legal fight against homes between protected commons

Members of the Qua Fen Common Action Group are calling for a judicial review

A group of people have launched a legal challenge against plans to build homes on land between two protected commons.

The Qua Fen Common Action Group in Soham, Cambridgeshire, claim the planning process was unfair but the council involved disagrees.

East Cambridgeshire District councillors approved outline planning permission for This Land to build 540 homes on a site between Qua Fen and East Fen commons earlier this year.

A spokesperson for East Cambridgeshire District Council said: "The council disputes the claims made and has confirmed that any claim for a judicial review will be resisted."

Qua Fen is used for grazing and is a designated County Wildlife Site

The authority insisted it had followed the correct process when approving the development back in August.

It gave permission to the developer, This Land, which is owned by Cambridgeshire County Council.

A handful of people have formed an action group in protest against the move, saying that the planning meeting was chaired by a district councillor who is also a county councillor.

During the meeting, the councillor said he had sought legal advice ahead of the decision and pointed out that he had not been involved in This Land's planning application.

Carol Duff said she wanted the decision to be looked at again, but would accept its outcome

Members of the Qua Fen Common Action Group still felt the decision should be looked at again.

"We don't accept it," said Charles Warner, a Soham town councillor, and a member of the group.

"We want a judicial review to ensure that it looks reasonable, it looks fair."

Mr Warner said legal action could be costly, but that the group had several "substantial local backers", adding: "We intend to defend it right up to the hilt."

Carol Duff, also from the action group, said she wanted council planners to go back to the drawing board.

"If the decision is the same, well it's the same, but at least it will be done honestly, open, fairly and transparently," she said.

Others in the group said they were concerned for the impact on Soham's commons, which are designated County Wildlife Sites.

Soham and neighbouring Barway is predicted to grow by 2,890 homes between 2011 and 2031, according to a local plan published in October.

This Land said the project would provide "social, economic and environmental benefits" for Soham and that £70,000 would be invested in protecting and enhancing the commons.

The company has paid Cambridgeshire County Council more than £40m in interest payments since it was established in 2016 and described its partnership with the council as a "strong alliance".

A spokesperson for the authority said it worked "proactively" with This Land to ensure its investment was secure.

They added: "The company has delivered significant returns to the taxpayer to date, and we remain supportive about the company's future plans."