A DEVELOPER'S fight to save the biggest and most controversial housing scheme in Winchester will be heard in December.
CALA Homes is seeking a judicial review over the refusal of permission for 2,000 houses at Barton Farm on the northern edge of the city.
CALA is challenging the Secretary of State who confirmed a planning inspector's decision after a public inquiry in October-November 2005.
The High Court in London has listed the case to be heard on December 10-11.
Should CALA win, then that could result in another public inquiry or even the Secretary of State granting planning permission for the scheme that has been strongly opposed by thousands of local people.
In a second legal challenge CALA alleges that the city council did not follow the correct procedures in adopting its Winchester District Local Plan.
If CALA wins that action the likely result would be the re-opening of part of the public inquiry into the district local plan.
Mike Emett, strategic land director at CALA, said the delays in the court case were frustrating.
"Barton Farm was needed in 2001 when we first embarked; it was needed in 2004 when we submitted an appeal and it is needed now," he said.
Steve Opacic, the head of strategic planning at the city council, said he did not think CALA stand much chance in the second action, against the council: "To be honest, we don't think that has any real hope of succeeding," he said.
But both legal cases may get overtaken by national events. A report is expected soon on the Regional Spatial Strategy which could see Winchester being told to take many more houses than currently.
If that happens, then the likelihood of Barton Farm, currently only a reserve development site, would return to centre stage.
Gavin Blackman, chairman of the Save Barton Farm Group, said: "We are very confident that the High Court will uphold the Secretary of State's decision, even in the current climate of the Government wanting to build more homes, especially affordable homes.
"If CALA wins, they will have the green light to start the development, and there will be little that anyone could legally do to stop that."
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