📘 Disclaimer: This document is a conceptual proposal prepared for consideration by East Hampshire District Council (EHDC). It does not represent current policy but outlines an optional framework that EHDC could choose to adopt, pilot, or develop further. It has been designed to be implementable in its current form or used as a foundation for future formal guidance or policy inclusion.
⚖️ Developer vs Resident: A Legal Power Gap
- Developers:
✔ Full legal teams (solicitors, barristers, appeal specialists)
✔ Planning and viability consultants
✔ Financial resources to appeal or threaten legal action
✔ Familiarity with planning law - Residents:
✖ Rarely have access to legal advice
✖ Often unaware of their rights
✖ No funding for Judicial Review
✖ Consultation responses easily ignored
This gap is especially dangerous under the tilted balance — where protections are weaker, and major developments can override local plans.
This component introduces a mechanism to help communities affected by major developments approved under the tilted balance to access early legal support or review.
Developers who are able to pursue major development projects typically have access to substantial financial resources. They almost always have dedicated legal teams — often including solicitors and barristers — along with planning consultants and viability specialists, all ready to defend their applications, challenge conditions, or appeal refusals. This level of institutional and financial power places residents at a structural disadvantage. Local residents, on the other hand, are often left unaware of their rights or unable to afford advice to challenge flawed or unfair decisions. This imbalance is especially damaging under the tilted balance, where applications outside the Local Plan are often approved despite significant local objection and long-term consequences.
Component 15 proposes a structured trigger that ensures residents are:
- Alerted when a tilted balance approval has been granted.
- Offered a transparent explanation of their rights.
- Provided with tools to raise legal concerns or access public-interest legal support.
This trigger could be integrated into the existing postcode-searchable system (from Component 14) and should be tied to specific indicators such as unresolved objections, lack of Environmental Impact Assessment (EIA), or absence of democratic scrutiny.
The goal is not to flood courts with challenges, but to ensure that serious legal risks are not ignored simply because those affected can’t afford to speak up.
| Component | Public Legal Support Trigger for Major Approvals under Tilted Balance |
| What It Delivers | Creates a safeguard to counter legal power imbalances between developers and residents. |
| Function | Notifies communities of approvals under tilted balance and enables them to raise legal concerns with visibility and support. |
| Legal Basis | Derived from the public duty to act fairly (procedural fairness), and the statutory right to seek Judicial Review. |
| Completion Criteria | Legal alert functionality established for all major tilted balance approvals. |
| How to Implement | Integrate with the “notify me” platform and publish an official EHDC Legal Risk Notice template and guidance. Establish partnerships with public interest planning law groups. |
| Timeline | Develop and trial within 6 months |
| Owner | Legal Officers / Democratic Services / Planning Policy Team |