UNHAPPY councillors are taking legal action against another authority over what it says is a "flawed" planning policy.

Members of Chalfont St Peter Parish Council say they are to challenge a new planning scheme introduced by Chiltern District Council in November.

The plans, which form the district council's 'Core Strategy' on housing, allocates where new homes will be built in the area by 2026.

The former Holy Cross Convent site has been earmarked for development and planning permission has already been granted, although this is subject to a High Court review.

But angry parish councillors say they are challenging the Core Strategy after taking legal advice, as a loophole means the district council no longer needs to apply for a change of use for the Holy Cross site.

It was originally assigned for educational use because of the former school on the site but it has now been designated for housing use after the implementation of the Core Strategy.

Parish council vice chairman Richard Allen said: "We've always said the Core Strategy is legally flawed. There was an alternative use for the site [educational] the inspector was aware of and he failed to take it into account.

"If the landowner wished to change the land use to houses they had to demonstrate to the council they had looked at every option and possibility. We're challenging them because they haven't done that. They didn't demonstrate there was no longer a need for that facility.

"They have to look at a piece of land and look at the options and decide which is most suitable."

Chiltern District Council spokesman Rachel Prance said the Holy Cross Convent site had been recognised as a site for "strategic housing allocation" and the authority's Core Strategy was deemed sound by an independent planning inspector.

She said: "Planning legislation allows a six-week period after adoption during which a challenge to the Core Strategy can be lodged with the High Court. The date when this challenge will be considered by the High Court has yet to be determined. The Core Strategy remains valid unless any challenge is ultimately successful."