August 1st, 2022
In a judgement today Mrs Justice Lang found for the Council against the government and developer Persimmon Homes when she quashed a decision by a public inquiry inspector to give the scheme at Chatsmore Farm the go ahead.
Tags: Worthing
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WORTHING COUNCIL WINS HIGH COURT CASE TO STOP GREEN GAP HOUSING DEVELOPMENT
Worthing Borough Council has won its High Court challenge against plans to build 475 homes in the Goring Gap.In a judgement today Mrs Justice Lang found for the Council against the government and developer Persimmon Homes when she quashed a decision by a public inquiry inspector to give the scheme at Chatsmore Farm the go ahead.
She ruled that the inspector had not given enough weight to the impact such a large development would have on the setting of the South Downs National Park and the view within. She cited legal precedent that “great weight should be given to conserving and enhancing landscape and scenic beauty” and ruled that this had not happened in this case.
Today a delighted Council Leader, Cllr Dr Beccy Cooper, said, ‘I am pleased to see that the voices of the Community have been heard in this appeal. The decision justifies our actions in taking this appeal forward. We remain committed to protecting our green spaces, ensuring that the Climate Emergency is at the heart of all our decision making, alongside moving forward with a strong social housing offer on our brown field sites to ensure that all our Worthing residents can live, work and thrive in our town.’
Councillor Kevin Jenkins, leader of the Conservative Group on Worthing Borough Council and goring Councillor said:
'This is great news for Worthing, all along we have said that this is the wrong place to build homes, that Chatsmore Farm is a valuable green gap, that should be preserved for the very reasons set out in the Local Plan for Worthing. I am pleased that the decision of the previous Conservative administration to commit public funds (that will now be repaid by the Secretary of State) to fight the planning inspector's decision has been proved right. Had we not taken that decision and committed the Council to this fight when we did, then the narrow timeline of opportunity to lodge and then win this appeal would have been lost. I am grateful that the Council followed through on our decision and we see the positive result we have today
I now call on the Secretary of State to consider calling in this application for determination, so that local residents voices can be fully heard and listened to, this is the start of the next phase of the fight to preserve this green gap and with my fellow councillors I will be working closely with Sir Peter Bottomley to get this matter resolved.'
'This is great news for Worthing, all along we have said that this is the wrong place to build homes, that Chatsmore Farm is a valuable green gap, that should be preserved for the very reasons set out in the Local Plan for Worthing. I am pleased that the decision of the previous Conservative administration to commit public funds (that will now be repaid by the Secretary of State) to fight the planning inspector's decision has been proved right. Had we not taken that decision and committed the Council to this fight when we did, then the narrow timeline of opportunity to lodge and then win this appeal would have been lost. I am grateful that the Council followed through on our decision and we see the positive result we have today
I now call on the Secretary of State to consider calling in this application for determination, so that local residents voices can be fully heard and listened to, this is the start of the next phase of the fight to preserve this green gap and with my fellow councillors I will be working closely with Sir Peter Bottomley to get this matter resolved.'
Barrister for the Council’s planning officer’s had argued at the Royal Courts of Justice that the decision of the Inspector had overridden its emerging Local Plan, its planning blueprint, which had been developed democratically with the people of Worthing and was committed to preserving many of the borough’s green spaces and the integrity of the borough as a whole.
The judge did not question the Local Plan’s designation of Chatsmore as a Green Gap and ruled the inspector did not give adequate consideration to its policies to protect open spaces.
The Secretary of State for Levelling Up, Housing and Communities, whose inspector gave the plan the go-ahead earlier this year, will now pay the Council’s legal costs. In theory Persimmon could now go to the Appeal Court or ask for another public inquiry. However the Council believes today's judgement gives it very strong grounds to fight any such case in the future.
Tags: Worthing
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Brilliant News. Well done everyone and your MP
Sir Peter Bottomley! We in North Devon have been trying to "Save our Estuary" and have just had the disastrous news that the Inspector has ruled this obscene development can go ahead. 250-houses etc. to be built ON TOP OF 700 tons of buried asbestos and on our Taw/Torridge Estuary! If only we had an MP like Sir Peter Bottomley and a Council like Worthing. But we have not given up. Nobody wanted this scheme except to local developers! We fight on .....!
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