West Suffolk Council loses High Court challenge over 200 homes at former Animal Health Trust site in Kentford, near Newmarket

A council has lost a High Court challenge relating to plans to convert buildings at a former charity’s headquarters into more than 200 homes.

West Suffolk Council refused an application in October 2023 for a lawful development certificate from Lochailort Kentford Ltd which sought to establish the former Animal Health Trust site in Kentford within planning use Class E – Commercial, Business and Service.

This could allow conversion of the existing buildings on site to residential without the need for full planning permission.

Lochailort Kentford Ltd submitted prior approval applications to deliver more than 200 homes on site but withdrew these and lodged an appeal over the council’s decision on the lawful development certificate.

A planning appeal was heard in April last year and the council said the site has three distinct primary uses - clinical activities, scientific research, and education, amounting to a mixed use.

However, the planning inspector agreed with the developer who said that the clinical and scientific research uses came under Class E Commercial, Business and Service uses and that the educational use was ancillary.

The council sought to challenge the appeal decision on the basis that it believed the interpretation of Class E in the planning inspector’s decision was legally flawed.

Following a High Court hearing on March 26, the judge has today issued a decision in favour of the Secretary of State confirming its decision is sound.

It means the developer will still need to apply to the council for prior approval but the grounds for decision are more limited.

For instance, the council won’t be able to factor in that the site doesn’t comply with its current or emerging Local Plan, a document shaped through several stages of public consultation that usually governs where development can and can’t take place.

Cllr Jim Thorndyke, cabinet member for planning at West Suffolk Council, said: “This judgment goes beyond the boundaries of Kentford.

“It potentially opens the door for other clinical and scientific research sites not just in West Suffolk but across the whole of the UK to come forward for residential conversion without the need for full planning permission.

“We believe it was right to challenge the inspector’s decision, and we are very disappointed with today’s outcome.”

The Animal Health Trust closed in 2020 after suffering severe financial difficulties.