A LEGAL challenge is being mounted against a planning inspector’s decision to approve controversial plans for 175 homes on the edge of Clacton.

Ray Chapman Associates’ plan for the homes on land south of Centenary Way were previously rejected by Tendring Council’s planning committee.

But Government inspector Jason Whitfield allowed the appeal and granted planning permission for the scheme last week.

Now the council has taken external legal advice over the decision and has decided to challenge it.

The inspector found in favour of Ray Chapman Associates as he concluded that Tendring Council was unable to demonstrate a five-year supply of housing land.

However, at the council’s Local Plan Committee on June 12, a report was agreed that showed that by the end of the previous month a 5.1-year supply of land had been identified.

Neil Stock, council leader and chairman of the Local Plan Committee, said the legal advice taken by the council had been considered very carefully.

“On the basis of what we have been advised we have decided to challenge the legality of the inspector’s decision,” he said.

“Such action is not taken lightly, but the council is confident of its calculations and is fully prepared to take this next step.

“Officers believe the council can demonstrate a five-year supply of housing land and will continue to deal with planning applications in that context while the legal challenge to the appeal decision proceeds.”

Little Clacton and Weeley councillor Jeff Bray said plans for the popular car boot sale site would lead to Clacton being joined to Little Clacton village.

He said he was “bemused and disgusted” by the inspector’s decision and that the village would be “changed beyond recognition”.

“There were clearly solid grounds to refuse this application and it is unquestionably detrimental to the village,” he said.

“The green gap will be lost, effectively joining Clacton and Little Clacton together, except for a small strip of land that you could throw a stone across.

“Wildlife and green land will be destroyed and the possibility of localised flooding increased.

“Add to this the vastly increased burden on already overstretched doctor’s surgeries, schools and roads, and the folly of this becomes obvious.

“Some of us are starting to wonder why we have a district planning authority at all, since we are so often overruled by Government bureaucrats.”

Plans for the 20-acre site also include public open space and infrastructure. It is currently partly used for the late-riser car boot sale.

A report by planning agent Richard Clews said the site was socially, economically and environmentally sustainable.

It added: “This application can deliver a good number of attractive houses successfully without compromising the separation between Clacton and Little Clacton, with all required services and infrastructure.

“The proposed layout of the site protects important features and views towards the development.

“It has the opportunity to enhance the site by replacing an open field used for a car boot sale with a permanent landscaped green gap with new planting to soften the site from views south.”