THE developer hoping to build 750 homes and a school on land at Lydney East – the Forest's largest single housing development – last week failed in an expensive High Court bid to challenge refusal of planning permission.

Robert Hitchins Ltd had asked High Court judge, Mr Justice Nicol, to quash former Secretary of State for Communities and Local Government John Denham's decision to refuse outline planning permission for the development on land off Lydney Bypass and Highfield Road.

Representatives for the developer had argued that the credit crunch and economic uncertainty meant a figure of 30 per cent affordable housing for the scheme was untenable, and claimed a figure of 13 per cent rising to 20 per cent dependent on grant aid was more realistic.

But the judge rejected the developer's legal challenge, saying the inspector's original refusal was fair.

He said there would always be uncertainty about trying to predict what will happen to costs or prices in the future, adding "That was particularly so in relation to a project which was not expected to be completed until 2024."

•Meantime, in a separate planning appeal, the developer was given permission for the Lydney East scheme based on agreement with the district planners on a higher percentage of social housing.