Council leaders are calling for the Government to enter discussions about a new approach to environmentally friendly housing development.

This follows publication of advice by leading lawyers arguing that the Government's current approach is open to serious legal challenge.

John Steel QC and James Strachan were asked to examine the legal issues surrounding eco-town proposals to provide expert advice to councils, some of whom support proposals in their areas.

In a Joint Opinion published, they explain that there are "sound grounds" for seeking judicial review of the Government's approach to delivering eco-towns.

They say: "We are of the opinion that the government’s proposed promotion of eco-towns through a new Planning Policy Statement (PPS) is contrary to the basic principle - expressed through the planning legislation - of the plan-led system of development control.

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"This conflict is all the more acute because the concept of an eco-town does not appear to be materially different from the concept of providing housing in new settlements in an environmentally sustainable way, something which is already recognised in PPS3 on Housing. There therefore does not appear to be any compelling justification or rationale for seeking to promote eco-towns outside the existing statutory plan-led system, other than the government's wish to avoid the system due to the need for proper scrutiny, which takes time."

Sir Simon Milton, Chairman of the Local Government Association (LGA), said: "This expert legal advice supports our arguments that the approach the government is adopting is deeply flawed. While we are in favour of tackling the housing crisis by building thousands of extra homes, some of them in developments with the highest environmental standards, we don’t think this is the right way to do it.

"Now leading lawyers have said that the Government's approach is open to legal challenge under both domestic and European law. Ministers must talk to council leaders about adopting a new approach that will deliver development in places where councils and local people agree that eco towns can work. Eco-towns must be delivered without bypassing the planning processes and ensure that new developments have good transport connections alongside the schools, health and leisure facilities which are needed to create places where people would want to live."

(CD/JM)