The claim was brought by the housebuilders in October on the ground that the plan is technically flawed. The claim questioned the impartiality of the examiner of the plan, who was a non-executive director of a land company promoting an urban extension at Hoole Gate in Chester at the time of the examination.
The plan's policies oppose "large scale, inappropriate development" along existing village boundaries, and include support for housing developments of up to 30 homes only in such areas. Barratt and Wainhomes have applied to Cheshire West and Cheshire Council to build 68 and 137 homes respectively on land in Tattenhall.
A spokesman for the Council was reported as saying "We are naturally disappointed that His Honour Judge Davies has allowed the claimants’ permission to challenge the executive’s endorsement of the Tattenhall Neighbourhood Plan … We are currently considering the position with leading counsel".
It is reported that the hearing is listed at a date after 28 February 2014.
