Communities secretary Eric Pickles acted unlawfully in unilaterally revoking the system of regional planning strategies in England, the High Court has found today.

The court has given its judgment in the judicial review brought by housebuilder Cala Homes against the revocation of regional planning. It found that the secretary of state for Communities and Local Government acted unlawfully in unilaterally revoking the system in July.

Cala Homes (South) Limited issued a claim for judicial review against the decision in August. It is aggrieved because a long-running battle for planning permission to build 2,000 homes in Winchester was stopped in its tracks by the decision, which it says should not have been taken without primary legislation.

Ian Ginbey, head of planning at law firm Macfarlanes, which acted for Cala Homes said: “Unfortunately, [the secretary of state’s] decision has left a policy vacuum, caused confusion throughout the industry and directly resulted in proposals for tens of thousands of new homes being abandoned.”

The House Building Federation said the decision by Pickles left a hole in the planning process because it removed housing targets and caused confusion for everyone in the housebuilding socetor.

It said today’s judgment effectively reinstated the planning policies and the housing targets until the localism bill becomes law, which is expected by the end of 2011.

Andrew Whitaker, planning director of the HBF said: “Everyone involved in the delivery of housing, both private and public sectors, has been struggling with the policy vacuum caused by the revocation of regional strategies. Today’s judgment allows the government to put in place a clear transition to get from the old system to the proposed localism-based one.”

Whitaker added: “This will avoid throwing away the many years of planning for future housing delivery in which many people, including local communities, have invested their time and money.”

Communities and Local Government minister Bob Neill said the judgment “changes very little”.

“Later this month we will be introducing the Localism Bill to Parliament, which will sweep away the controversial regional strategies,” he said.

Neill added: “The Government remains firmly resolved to scrap this layer of confusing red tape. Instead, we will work with local communities to build more homes. This was a commitment made in the coalition agreement and in the general election manifestoes of both coalition parties. We intend to deliver on it.”

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