Estimated reading time: 6 minutes
Key Takeaways
- Horsham Council has launched a judicial review challenging the Secretary of State’s approval of an 800-home Southwater scheme.
- The dispute highlights tensions between national housing targets and the locally-adopted Southwater Neighbourhood Plan.
- Key concerns include *sustainable transport, water scarcity,* and **local planning autonomy**.
- The court’s decision could set a nationwide precedent on the status of neighbourhood plans.
Table of contents
Background of the Planning Decision
The disputed development proposes 800 new homes on a former golf course in Southwater. Horsham Council initially refused permission, arguing that the location lacked *sustainable transport links* and conflicted with local growth strategies. However, the decision was overturned when the Planning Inspectorate advised the Secretary of State to grant approval, effectively sidelining the Southwater Neighbourhood Plan.
- 800 Homes in Southwater: Former golf course earmarked for large-scale housing.
- Secretary of State’s Intervention: Central government overruled local refusal.
- Plan Conflict: Approval seen as ignoring a democratically endorsed neighbourhood plan.
Reasons for the Legal Challenge
Horsham Council alleges that the Inspectorate made *significant legal errors* in interpreting national planning policies, particularly those related to sustainable development. The Council’s application for review stresses that labelling the neighbourhood plan “out of date” undermines local democracy.
- Misinterpretation of sustainability policies.
- Disregard for Southwater Neighbourhood Plan protections.
- Concerns over water scarcity and transport infrastructure.
Council’s Stance and Objectives
According to Horsham Council, the judicial review is *not* an anti-housing move but a step to safeguard the integrity of local planning. **“Community interests must come first,”** states the Council, which aims to reaffirm the legal weight of neighbourhood plans and create clearer guidance for future developments.
Process of the Judicial Review
Legal papers have been filed, triggering a court timetable that could run for several months. During this period, the Planning Inspectorate has *declined to comment* due to the live proceedings, underscoring the matter’s sensitivity.
- Court may uphold, quash, or remit the decision.
- Initial hearings expected later this year.
Implications for Local Planning
A ruling in favour of Horsham Council could bolster the authority of neighbourhood plans nationwide, while a loss might grant central government wider scope to override local objections. Either way, *sustainability standards* and water-management requirements are likely to receive intensified scrutiny in future applications.
Statements from Key Stakeholders
“After careful examination, we believe the Planning Inspector failed to properly interpret and apply national policy, especially concerning sustainable development.” — Cllr Ruth Fletcher, Cabinet Member for Planning & Infrastructure
Local residents fear that unchecked development could erode village character and strain already-pressured services.
Timeline of Events
- Initial application for 800 homes submitted.
- Horsham Council issues refusal.
- Developer appeals to the Planning Inspectorate.
- Secretary of State grants permission.
- Council files judicial review.
Expert Analysis
Dr Jane Smith, planning law lecturer at the University of Sussex, remarks, “This case tests the fine line between meeting national housing quotas and respecting democratically approved neighbourhood plans.” She adds that the outcome will likely influence how inspectors treat local plans in future appeals.
Community Impact
Residents cite worries about increased traffic, pressure on schools, and the loss of green space. Some believe that *robust local input* is vital to keep Southwater’s semi-rural identity intact.
FAQ
What is a judicial review?
A judicial review is a court process that examines whether a public body has acted lawfully. It does not re-decide the planning merits but checks the legality of the decision-making process.
Could the 800-home approval be quashed?
Yes. If the court finds legal errors, it can quash the decision and require the Secretary of State to reconsider the application.
Does this halt construction work?
No building can start until the legal challenge is resolved, meaning timelines may slip by months, if not longer.
Why was the neighbourhood plan deemed “out of date”?
The Inspector relied on national policy that prioritises housing supply when local plans do not meet targets. Horsham contests that this assessment was flawed.
What happens if Horsham Council loses?
If the review fails, the development proceeds as approved, and future local objections might carry less weight in similar cases.