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Key Takeaways
- Horsham District Council has launched a judicial review against the Secretary of State’s approval of an 800-home development.
- The council alleges legal errors and a misapplication of national planning policy.
- Southwater Neighbourhood Plan’s status is at the centre of the dispute.
- Outcome could set a national precedent for local planning autonomy.
- Active Travel England backs concerns over inadequate sustainable transport links.
Table of Contents
Background of the Planning Decision
The Secretary of State’s decision to overturn Horsham District Council’s refusal of an 800-home scheme on a former golf course followed a recommendation by the Planning Inspectorate. While such interventions are part of the established appeal process, they often spark debate over the balance between local and national priorities.
- Secretary of State’s role: final arbiter for large or contentious developments.
- Planning Inspectorate provided the approving recommendation.
- Council had originally rejected the application citing sustainability concerns.
For a detailed timeline, see the report by Local Government Lawyer.
Reasons for Judicial Review
“This challenge is about safeguarding the integrity of neighbourhood planning and ensuring national policy is applied correctly,” a council spokesperson stated.
- Alleged legal errors in the Secretary of State’s reasoning.
- Misapplication of national policy on sustainable locations.
- Planning Inspectorate’s view that the Southwater Neighbourhood Plan is “out of date”.
- Fear that community-led plans could be undermined nationwide.
Impact on Local Planning and Development
Should the court side with the council, existing permissions might be delayed or rescinded, causing developers to rethink timelines. Conversely, if the State prevails, future appeals may lean more heavily on central oversight.
“Developers and residents alike are in limbo until the judicial review reaches its conclusion,” noted a planning consultant.
Sustainable Development & Transport
Active Travel England backs the council’s claim that walking and cycling infrastructure is insufficient. The proposed site is considered car-dependent, conflicting with national goals to cut emissions.
- Lack of segregated cycle routes and frequent bus services.
- Potential increase in car journeys through Southwater village.
- Opportunity to embed green corridors and active travel links during redesign.
Broader Implications for National Policy
Beyond Horsham, planners across the UK are watching for guidance on how much weight neighbourhood plans will carry after this case. A ruling in favour of the council could shift the dial towards greater local control.
- May redefine “out of date” status for community plans.
- Could influence how sustainable transport is assessed in appeals.
- Sets a possible precedent for future judicial reviews.
Council’s Stance & Future Steps
Determined to defend its position, Horsham District Council has earmarked funds for a potentially lengthy court battle while reaffirming its commitment to the Southwater Neighbourhood Plan.
- Judicial review expected to run for several months.
- Possible mediation talks if both parties seek expedited resolution.
- Further community consultations planned.
Community & Stakeholder Reactions
Residents worry that the court case, regardless of outcome, might delay much-needed local infrastructure or, conversely, erode their say in planning.
- Petitions circulating to uphold neighbourhood plans.
- Developers calling for clarity on approval timelines.
- Sustainable transport advocates see an opportunity for better design.
Conclusion
The judicial review represents more than a single planning dispute; it symbolises the ongoing tug-of-war between local autonomy and central oversight. Whether Horsham’s challenge succeeds or fails, its ripple effects will likely influence neighbourhood planning, sustainability criteria, and the future shape of housing development across the country.
FAQs
Why did Horsham District Council refuse the original application?
The council believed the site failed to meet sustainability standards, lacked adequate transport links, and conflicted with the Southwater Neighbourhood Plan.
What is a judicial review in planning?
A judicial review allows a court to examine whether the decision-making process followed correct legal procedures; it does not re-determine the merits of the development itself.
Could the development still proceed if the council wins?
Possibly. A successful review might void the current permission, but the developer could submit a revised application addressing the court’s findings.
How does the Southwater Neighbourhood Plan factor into the case?
The plan guides local development until 2031. The council argues it remains valid and should carry significant weight when assessing large proposals.
When is a ruling expected?
Legal experts anticipate a judgment within six to nine months, though appeals could extend the timeline.