Estimated reading time: 6 minutes
Key Takeaways
- Horsham District Council has launched a judicial review challenging the Secretary of State’s approval of an 800-home development in Southwater.
- The Council alleges misapplication of national policy and insufficient weight given to the Southwater Neighbourhood Plan.
- A ruling could set important precedents on the balance between local neighbourhood plans and national housing targets.
- Active Travel England supports the Council’s stance on prioritising sustainable, active travel infrastructure.
Table of Contents
Background
In February, the Secretary of State for Housing, Communities & Local Government overturned Horsham District Council’s refusal and granted outline planning permission for 800 homes on the site of the former Horsham Golf Club in Southwater. The decision discounted concerns that the Southwater Neighbourhood Plan—adopted only in 2021—had not been fully considered, labelling parts of it “out-of-date”.
The Planning Inspectorate’s report highlighted the district’s housing land shortfall and concluded that national policy outweighed neighbourhood objections, particularly under Paragraph 11 of the National Planning Policy Framework (NPPF).
Details of the Judicial Review
A judicial review examines whether a public authority has acted lawfully. Horsham District Council contends that the Secretary of State and the Planning Inspectorate:
- Applied national planning policy incorrectly.
- Gave inadequate weight to the Neighbourhood Plan’s status.
- Failed to assess local housing need and sustainable travel fully.
“This legal challenge is crucial to protect the integrity of neighbourhood planning and maintain public trust in local governance,” said Council Leader Cllr Ruth Fletcher.
Reasons for the Legal Challenge
The Council’s objections, summarised below, emphasise long-term community wellbeing over short-term housing numbers:
- Lack of sustainable development principles.
- Insufficient cycling and walking routes endorsed by Active Travel England.
- Potential strain on schools, health services and transport infrastructure.
- Conflict with both neighbourhood and district-wide environmental targets.
Implications
Depending on the court’s decision, several scenarios may unfold:
- Planning permission is upheld, allowing construction to begin.
- Permission is quashed, forcing a new determination.
- The matter is remitted to the Planning Inspectorate for reconsideration.
Any outcome will influence how much weight future inspectors give to neighbourhood plans versus national policy, potentially reshaping planning practice across England.
Council’s Stance & Objectives
The Council aims to ensure that legal robustness underpins planning decisions, safeguarding community-driven strategies. Support from Active Travel England underscores a broader push for greener, people-centred development.
Secretary of State’s Position
The Secretary of State argues the housing approval addresses an urgent land supply deficit and fulfils district-wide targets. Officials maintain that housing need can justifiably outweigh elements of an “out-of-date” neighbourhood plan. No formal response to the judicial review has yet been issued.
Community Reactions
Local residents are divided: some fear protracted uncertainty, while others welcome scrutiny of large-scale developments. Environmental groups and Southwater Parish Council back the legal challenge, highlighting deficiencies in sustainability measures.
Next Steps
The High Court is expected to schedule a hearing within months. Depending on the ruling, further appeals or mediation could follow. Both parties have indicated readiness to pursue all legal avenues.
Conclusion
Horsham District Council’s judicial review represents a pivotal test of how local and national planning priorities intersect. As the case proceeds, planners nationwide will watch closely, recognising its potential to redefine the weight of neighbourhood plans in the era of urgent housing delivery. For further details, consult Local Government Lawyer.
FAQs
What is a judicial review in planning?
A judicial review lets courts assess whether public bodies, such as the Secretary of State, acted lawfully when making decisions. It focuses on the decision-making process, not the merits of the decision itself.
Could the 800-home development still proceed?
Yes. If the court upholds the original permission, construction may begin without further delay. If quashed, a new planning process would be required.
Why does Active Travel England support the Council?
Active Travel England promotes cycling and walking infrastructure. The Council argues the development lacks adequate active-travel provisions, aligning with the agency’s sustainability goals.
How long could the legal process take?
Judicial reviews typically move faster than full trials, but appeals can extend proceedings. A final resolution could take anywhere from several months to over a year.
Will this affect other neighbourhood plans?
Potentially. A ruling that strengthens neighbourhood plans could encourage communities to rely more on their local policies when contesting large developments.