THE borough council is 'taking legal advice' after it was accused of making an 'unlawful' decision to approve plans for a major distribution warehouse on land near Junction 7 of the M3.
Councillors voted in favour of approving the plans for a single warehouse at Oakdown Farm in April, thought to be earmarked for use by Amazon, whilst refusing outline plans for the wider project, known as Basingstoke Gateway.
However, last week, Dummer Parish Council asked Basingstoke and Deane Borough Council to revisit the decision, threatening legal action if they do not.
They said that after taking legal advice they found an "issue of material fact" and that the decision did not "adhere to planning policy".
Exactly what was wrong is not being released in the public domain at this stage, with DPC writing to the council in accordance with the pre-action protocol for a judicial review.
The parish council have asked BDBC to re-run the meeting which saw the application approved, which "would avoid the expense that would be incurred if the borough has to defend a Judicial Review".
Now, a spokesperson for the borough council has told the Gazette that it is seeking legal advice of its own on the matter.
“We have received the letter from Dummer Parish Council and we are taking legal advice on its contents," they said.
BDBC's development control committee, which is made up of councillors, made the decision in a hotly-anticipated meeting on April 7.
They decided that the 630,000 square foot warehouse would deliver employment opportunities, and that the impact on the landscape could be accepted.
The report added that mitigation would not result in "an undue loss of privacy" for neighbours and will have no negative impact on highway safety, drainage and biodiversity.
However, the controversial warehouse plans have been met with much opposition, including by a petition from Dummer residents with more than 80,000 signatures, as well as from the Duchess of York, who said the plans must be thrown out to protect 67 oak trees that would be felled.
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