Conservative candidate named in High Court challenge over 550 homes

The homes, at Little Maltby Farm, in Ingleby Barwick, near Stockton, could go ahead if the court appeal later this year is successful.

The Stockton South Parliamentary candidate claimed in a press release earlier this year that he had asked communities and local government secretary Eric Pickles to intervene following a planning inquiry last year.

Mr Pickles rejected the new home proposals, overruling the planning inspector's findings, but in his official decision he did not mention that he had received any submissions from Mr Wharton.

Now developers Tiviot Way Investments have launched a High Court legal challenge to Mr Pickles' decision, and part of its challenge rests on Mr Wharton's press release, which said that he had asked the secretary of state to look at the appeal personally, "because I knew that was our best chance".

In the press statement from earlier this year, Mr Wharton went on to say that Mr Pickles had listened to local concerns and taken a decision on "sound planning grounds".

Mr Wharton told The Northern Echo today (Monday): "I asked for it to be called in, I did not make a submission to the appeal process or lobby for a particular decision once it was called in precisely because that would potentially leave it open to challenge if any decision was not on planning grounds.

"The Secretary of State makes his decision based on all the facts and planning considerations and I am delighted with the decision he made, which does not surprise me and shows that councils do have the power to turn down inappropriate developments without fearing those decisions will be automatically overturned."

The Department for Communities and Local Government (DCLG) said last month it received a written representation on the planning appeal from Mr Wharton but had not had informal discussions with him, and the decision had been made in light of material planning considerations.

The High Court Appeal is not expected to be heard until later this year, after the General Election.

Stockton Council unanimously rejected the first application last year, saying it was "green wedge" land, and also citing road and archaeological issues.

The refusal was appealed by the developers, and a three-day public hearing followed last year. In January Mr Pickles ruled that permission should not be granted.

The housing scheme has been controversial since it was submitted following the approval of plans for a free school and 350 homes on the neighbouring site.