Cherwell District Council could face the Government in court if plans for an eco town at Weston Otmoor are given the green light.

The council believes the Government would flout planning legislation if it allowed the Weston proposal to proceed and has written to the Treasury Solicitor outlining its intention to take the matter to court if this happens.

Usually large developments, such as the creation of a new town, would have to be put forward through the Statutory Development Plan - which is carefully considered and subject to a full process of consultation and public examination. The development plan provides a long term overview of what development is required and what is feasible. In law it requires a formal and comprehensive strategic environmental appraisal.

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The Weston proposals do not form part of the South East Plan or Cherwell's Local Development Framework (LDF) and they have not been properly subject to environmental appraisal against all alternative forms of development. The council believes any effort to impose the Weston new town would be in breach of the legislation - and it would be the Government, not the developers, who had broken the law.

Barry Wood, Leader of Cherwell District, says the council is prepared for a legal challenge. He explained: "We have been opposed to the idea of a new town at Weston Otmoor since the day it was announced. Not only is it likely to suck investment away from Bicester and Kidlington, it will also sit outside the long term strategy this council has agreed to develop Bicester, within the legal planning framework.

"It's not acceptable for the government to try imposing this town on us without going through the correct channels. If we have to take this to the courts then we will. We're ready to fight for the future of Bicester and that means a future without an eco town at Weston.

"I hope this reassures people that we're not giving up the fight against Weston to dedicate our efforts towards a possible alternative at north west Bicester. That's not the case - we are still doing all we can to stop the Weston development happening."

Sites for 15 potential eco town sites were revealed in May 2008, although several have since been withdrawn. The government is expected to announce its short list in the spring.

(CD/JM)