A CAMPAIGN group’s legal representative has said north Essex authorities could face legal action over garden communities plans.

Barrister Martin Edwards was instructed by the Campaign Against Urban Sprawl in Essex to provide a second further opinion on the local plan - in particular garden communities.

In his 13-page legal opinion obtained by CAUSE, Mr Edwards, says Colchester, Tendring and Braintree councils “appear intent on disregarding the concerns of, and clear guidance from, the planning inspector”.

Mr Edwards highlights a number of examples of predetermination and possibly unlawful behaviour by the authorities.

He said the public consultation is “merely a token exercise devoid of any genuine and substantive purpose”, adding, “it is difficult to see how any further Sustainability Appraisal work and/or consultation on the plan can be fair, genuine and done with an open or receptive mind.”

He also commented on the viability of the plans. “It is my opinion the north Essex authorities have ignored the inspector’s clear indication of the need for an independent legal opinion to be obtained.

“In my opinion this should have been done much earlier in the plan preparation process.

“Moreover, fundamental issues of viability remain unresolved and it is difficult to see how the Sustainability Appraisal process can be revised unless and until it is known whether funding for the necessary road improvement is or is not going to come forward.”

He added: “At present the authorities may be open to the accusation they are devoting scarce public funds and resources, particularly in an age of austerity, in ploughing on with proposals the independent inspector highlighted, in very public documents, significant shortcomings and fundamental flaws.

“If so then it could be argued that, notwithstanding the matters raised above, by failing to address the inspector’s concerns the authorities are acting unlawfully in the sense they are acting in a way no reasonable authority would do in the circumstances.

“This could provide the basis for either an independent judicial review or as grounds of a wider statutory challenge to the plan should it ever come to be adopted.”

CAUSE’s spokesperson, Rosie Pearson, said the problems raised by Mr Edwards will not disappear.

She said: “Apart from a very small group of excellent and engaged councillors, the majority are still unaware of, or choose to ignore, the problems associated with the garden communities.

“If this legal opinion doesn’t wake them up, then sadly, it seems as though the only thing which will is a High Court judge in the not too distant future.

“However, that does not need to happen. There is a solution - prevent any further money being diverted to NEGC Ltd.”

Colchester Conservative councillor Darius Laws said if the Local Plan is not completed soon it will open the borough up to predatory developers.

He said: “To be absolutely clear, this coalition council is responsible for this Local Plan. “We know the borough fears speculative development and we are heading closer towards the possibility of that as the Local Plan remains unapproved by the inspector.”

A spokesperson for the north Essex councils said: “Over the past few months we have agreed an approach with the Planning Inspector which will see the Local Plan examination re-open in the autumn. This approach, and the decisions taken by the council, has come with robust and ongoing legal advice.

“The Sustainability Appraisal work is being undertaken by an independent organisation, who have given CAUSE as well as other interested groups the opportunity to take an active role in the process.”

“The findings of the SA as well as any other changes to the Local Plan will need to be considered and discussed by each Council ahead of a period of consultation and then consideration by the Planning Inspector.”