Estimated reading time: 6 minutes
Key Takeaways
- Horsham District Council is legally challenging an 800-home development approval in Southwater.
- The case hinges on the interpretation of *sustainable development* and the status of the Southwater Neighbourhood Plan.
- A successful challenge could **strengthen neighbourhood plans** across the UK.
- Delays to the housing scheme are likely while the High Court review unfolds.
- Stakeholders are divided between urgent housing needs and protecting local planning autonomy.
Table of Contents
Background & Planning Permission
The former Horsham Golf Club in Southwater is earmarked for up to 800 homes, green spaces and community facilities. Horsham District Council (HDC) had originally refused the scheme, citing the site’s *unsuitable location* and poor prospects for active travel. However, the Planning Inspectorate overturned that refusal on appeal, a decision later endorsed by the Secretary of State.
Feeling that local planning prerogatives were side-lined, HDC has now filed for a judicial review. The council’s move is covered in detail by Local Government Lawyer, which underscores the potential national significance of the case.
- Location: Southwater, West Sussex
- Development: Up to 800 new homes plus supporting infrastructure
- Local Plan Conflict: Southwater Neighbourhood Plan adopted 2021
Judicial Review Explained
A judicial review is not a fresh planning appeal; instead, the High Court scrutinises whether the decision-maker acted lawfully. Did they follow due process? Did they correctly interpret policy? The court can quash a decision if *legal errors* are found, sending it back for reconsideration.
“The judicial review mechanism exists to protect communities from unlawful administrative action.”
Key documents include the National Planning Policy Framework (NPPF) and statutory powers allowing the Secretary of State to recover appeals of regional or national significance.
Reasons for the Challenge
HDC argues the Planning Inspector misapplied national policy, especially around sustainable development. Specific allegations include:
- Incorrectly ruling the Southwater Neighbourhood Plan “out of date”.
- Undervaluing active travel requirements laid out in the NPPF.
- Failing to consider cumulative impacts on local infrastructure.
Implications for Local Policy
Should the court side with HDC, the judgment could set a precedent that bolsters neighbourhood and district plans nationwide. It may also prompt:
- Stronger enforcement of Active Travel England standards in new developments.
- Closer scrutiny of how national housing targets align with local sustainability objectives.
- Greater weight given to community-led policies in future appeals.
Stakeholder Perspectives
Cllr Ruth Fletcher, HDC Cabinet Member for Planning, remarked, “This decision undermines the integrity of the Neighbourhood Plan process. It is vital for public confidence that the courts scrutinise it.” Southwater Parish Council echoes that sentiment, while a portion of residents supports the housing due to the district’s acknowledged land supply shortfall.
The Planning Inspectorate has declined comment during proceedings, and developers remain *cautiously optimistic* that the permission will ultimately stand.
Potential Outcomes & Next Steps
The High Court could:
- Uphold the decision, letting the development proceed.
- Quash the permission, forcing a fresh appeal or new application.
- Order specific issues to be reconsidered, delaying construction.
Hearings are expected later this year, with judgment likely to follow months afterward. Residents can monitor updates on the HDC website or via council meetings.
Conclusion
Horsham District Council’s judicial review is more than a procedural skirmish—it is a test of how *local vision* interacts with national imperatives. Whatever the outcome, the case will influence future planning appeals and the weight accorded to neighbourhood plans across England.
FAQs
What is a judicial review?
It is a High Court process where judges examine whether a public authority acted lawfully, without reassessing the merits of the planning decision itself.
Will the development stop during the review?
Construction typically pauses until the court reaches a verdict, preventing irreversible work that might conflict with a future ruling.
How long could the case take?
Judicial reviews often conclude within 6–12 months, though complex planning matters can take longer if appeals follow.
Where can residents find updates?
Check Horsham District Council’s planning portal, committee agendas, and local media outlets for the latest information.