Council leaders have called on the government to reconsider proposed eco town developments where there is strong local authority opposition.

The call was made after independent legal advice revealed the government's approach to building eco towns could be subject to judicial review. The Local Government Association (LGA) asked John Steel QC to refresh opinion he gave in July 2008 on the eco town proposals, in which he concluded that "the government is bypassing local democracy and planning processes to impose the schemes on the public".

Further legal opinion was sought following updated information published by the government and the BARD campaign's failed attempt to seek a judicial review of the eco towns policy. Mr Steel QC concludes that the government's plans remain "unfair, illogical and unreasonable", susceptible to judicial review and with a strong likelihood of being declared unlawful.


Cllr Margaret Eaton, Chairman of the LGA, said: "Eco towns can help the country tackle the twin challenges of the housing shortage and climate change. We need to build more homes that are environmentally sound, in areas with good transport links and alongside the public services which are needed to create places where people want to live.

"Councils such as East Hampshire and those in Norfolk have been at the forefront of plans to build eco towns, and want these schemes to deliver the housing, employment, transport and social facilities that are needed. The government should focus on backing the proposals that have local support with the necessary funding for infrastructure.

"It is not the concept of eco towns that other local authorities object to - it is the way the government is going about deciding where they will be built. Eco town schemes should be led locally and not imposed on people by central government. This expert legal advice supports our arguments that the approach ministers are adopting is wrong.

"Now leading lawyers have confirmed that the approach to eco towns is open to legal challenge, it is time for ministers to reconsider the developments where there is strong local authority opposition. Eco towns must be delivered without bypassing the normal planning processes which ensure new homes are built in the right places and to the right standards."

(CD/JM)