Britain's biggest housebuilder is taking the Government to court amid claims ministers have ruined plans for a new neighbourhood next to Gatwick.

Developer Persimmon and Laing is to seek a judicial review because it says the Government's aviation White Paper has scuppered the construction of 2,700 homes on 120 hectares near Crawley.

The Government wants the greenfield site to remain empty in case further expansion at Heathrow becomes impossible on environmental grounds, leading to expansion at Gatwick. But that decision may not be made for another 15 years.

Crawley has been told it must build more properties as part of the drive to provide more homes in the South-East and Crawley Borough Council has included the new neighbourhood in its district plan.

The council and the developer are accusing the Government of inconsistency in ruling out the only site large enough to accommodate 60 per cent of the new homes required.

In the legal action - to be heard at the High Court in December - Persimmon and Laing accuses Transport Secretary Alistair Darling of failing to take sufficient account of the planning context which calls for more homes to be built.

The housebuilder wants expansion plans for Gatwick to include a runway parallel to the present one, allowing the development to go ahead unhindered.

The judicial review will hear challenges to the White Paper from a number of councils as well as individuals from protest groups Hacan, Ladacan and Stop Stansted Expansion.

A spokesman for the Department for Transport said: "We stand by our White Paper and will meet any challenges in court."