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Key Takeaways
- Horsham District Council is seeking a judicial review of the decision approving an 800-home development in Southwater.
- The challenge alleges legal errors and misapplication of national policy by the Planning Inspectorate.
- Council leaders argue the verdict undermines the Southwater Neighbourhood Plan and local democracy.
- Active Travel England supports the review, citing insufficient active-travel infrastructure.
- The outcome could redefine how future housing targets balance against neighbourhood plans nationwide.
Table of Contents
Background of the Planning Decision
The Secretary of State’s decision to approve an 800-home development on the former Horsham Golf Club site sparked immediate controversy. Horsham District Council had previously rejected the proposal, but the Planning Inspectorate overturned that refusal, citing national housing targets as the driving force.
Critics claim the verdict overlooks local infrastructure pressures and the recently adopted Southwater Neighbourhood Plan, which was deemed “out of date” despite only being four years old.
Reasons for the Judicial Review
- Legal errors: Alleged misinterpretation of planning statutes.
- Misapplication of national policy: Council argues sustainable-development guidance was ignored.
- Neighbourhood Plan status: Dispute over the plan’s validity and authority.
- Community voice: Fear that local priorities have been sidelined.
“This judicial review is essential to maintain public confidence in our planning process,” explained Cllr Ruth Fletcher, emphasising the council’s determination to safeguard community interests.
Legal Framework & Process
A judicial review does not question whether the development is desirable; rather, it examines whether the decision-making process was lawful, rational and followed correct procedure. In partnership with Active Travel England, the council will highlight the limited provision for walking and cycling routes in the approved plans—an omission they argue contravenes national transport guidance.
Council’s Arguments & Motivations
- Development risks harming nearby habitats and green corridors.
- The ruling could weaken neighbourhood planning powers nationwide.
- Failure to embed active-travel links conflicts with carbon-reduction targets.
- Local democracy must not be overridden by national quotas, the council insists.
Implications for Local Development
If the judicial review succeeds, it may re-empower neighbourhood plans, obliging developers to align schemes more closely with locally approved documents. Conversely, an unsuccessful challenge could reinforce the precedent that national housing targets trump local objections, accelerating similar large-scale projects across West Sussex.
Stakeholder Perspectives
Southwater Parish Council has publicly supported Horsham’s action, though it lacks funds for its own legal bid. Developers behind the golf-club scheme state the homes are vital for meeting demand, while the Department for Levelling Up, Housing & Communities has declined comment during legal proceedings.
Potential Outcomes & Future Impact
- Judicial review overturns permission – neighbourhood plans gain new weight.
- Decision upheld – national policy dominance affirmed.
- Case prompts clarifications to sustainable-development guidance.
- Active-travel standards may become mandatory in future approvals.
Conclusion
Horsham District Council’s court action embodies the ongoing tension between top-down housing mandates and grassroots planning. Whether the challenge succeeds or fails, it shines a spotlight on how England reconciles ambitious build targets with the principles of sustainable development and democratic engagement.
FAQs
What is the primary purpose of a judicial review?
A judicial review examines the lawfulness of a decision-making process, not the merits of the decision itself.
Could the development still proceed during the review?
Construction is typically paused until the High Court determines whether the original approval was lawful.
How long might the judicial review process take?
Judicial reviews can take several months to more than a year, depending on court schedules and complexity.
What happens if the council loses the case?
The planning permission would remain valid, and the council could face significant legal costs.
Could this case set a national precedent?
Yes. A ruling either way could influence how future conflicts between neighbourhood plans and national housing targets are resolved across England.