Basildon council and Matthew Pennycook at loggerheads over green belt issues

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Matthew Pennycook wrote to the council on Monday telling them not to withdraw a plan to build 29,000 homes in the area

An Essex council has defied housing minister Mattew Pennycook by passing a motion this week to withdraw its 29,000 home local plan if a planned judicial review of the proposal because of green belt concerns is unsuccessful.

Basildon borough council has raised concerns that building 29,000 homes in the area is unviable and places “unsustainable pressure” on the area’s green belt.

Ahead of Monday’s meeting, Pennycook wrote to council leader Andy Barnes to “raise serious concerns” about the proposed motion, following a row between him and the council over the plan.

In July, Pennycook directed the council to update its local plan to reflect current housing need.

He asked the council to adopt a plan for around 29,000 homes – but the Conservative-led authority refused. Councillors then voted to look at trying to get Pennycook’s directive the subject of a judicial review.

At a meeting on Monday night, the council passed a motion “to withdraw the current local plan…if the forthcoming judicial review is not successful, as a last resort”.

Earlier that day, Pennycook had told Barnes: “I want to ensure absolute clarity and eliminate any potential ambiguity in relation to the proposal to halt the progression of the plan.

“My direction of 21 July expressly requires the council to take no steps to withdraw the plan. That direction remains in force, and the council is required to comply with it.

“Any decision to take steps to withdraw the plan in defiance of the direction would be unlawful. Should the council nevertheless seek to do so, I would be forced to consider all appropriate steps available to me, including taking over the plan and potential legal action.”

The approved motion means the council will write to housing secretary Angela Rayner about concerns over the number of homes it is expected to build.

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