Lord Derby has gained a key Excessive Courtroom stage of his battle to construct 400 properties on his land.
The plans for the event on the Hatchfield Farm property in Newmarket, Suffolk, had been authorised by Forest Heath District Council.
However final yr Native Authorities Secretary Sajiv Javid refused to simply accept the choice.
Planning choose Mr Justice Gilbart dominated that Mr Javid’s determination was fatally inconsistent and “plainly poor”.
The case will now must reconsidered.
Mr Justice Gilbart, sitting in London, quashed the refusal, saying: “The secretary of state has carried out an entire and unexplained volte-face in his evaluation of the highways impacts of two proposals for growth on the identical website in Newmarket and has additionally failed to use his personal Nationwide Planning Coverage Framework.”
The choose mentioned: “There may be on any view a requirement for extra land for housing and different financial growth within the Forest Heath District.”
Edward Stanley, the 19th Earl of Derby, introduced the authorized problem with Moulton Parish Council and the Rural Parishes Alliance.
The choose mentioned native parish councils had for a while argued that development within the space shouldn’t be dispersed among the many rural parishes however concentrated in Newmarket.
Newmarket Horsemen’s Group and a few others have been involved that growth within the city “could have an opposed impact on the horseracing business that’s primarily based there” and result in elevated visitors.
A spokesman for Lord Derby mentioned: “The secretary of state now has a second probability to find out the applying. He ought to take full account of the numerous advantages the planning software will carry to Newmarket when making a call.”
The Division for Communities and Native Authorities mentioned: “We’ve acquired this judgment and can now think about our response.”