Estimated reading time: 6 minutes
Key Takeaways
- *Horsham District Council* has launched a judicial review against the Secretary of State’s approval of an 800-home development.
- The challenge centres on alleged conflicts with the National Planning Policy Framework (NPPF) and the weight of the Southwater Neighbourhood Plan.
- Active Travel England is supporting the case, highlighting gaps in walking and cycling provision.
- Outcome could redefine how neighbourhood plans influence future developments across the UK.
Table of Contents
Background
The dispute dates back to July 2025, when the Secretary of State overturned Horsham District Council‘s refusal of an 800-home scheme on the former Horsham Golf Club site in Southwater. The decision came after the Planning Inspectorate ruled the Southwater Neighbourhood Plan “out of date,” clearing the path for the contentious project.
Key details include a lack of robust active-travel links and fears the project undermines a community-backed vision for managed growth adopted in 2021.
Reasons for the Legal Challenge
National Planning Policy Conflict: Councillors argue the approval disregards core NPPF principles that prioritise *sustainable locations* and *reduced car dependency*.
- Insufficient walking and cycling infrastructure.
- Limited public-transport integration.
- Potential to erode confidence in neighbourhood planning.
*Active Travel England* (ATE) is lending expertise, questioning whether its guidance was “properly weighed.”
Process of the Judicial Review
The judicial review will scrutinise whether the Planning Inspectorate made legal errors, particularly in branding the neighbourhood plan obsolete. If the High Court finds fault, permission could be quashed and the matter remitted for fresh consideration.
- Alleged misinterpretation of the NPPF.
- Failure to give due weight to a democratically adopted plan.
- Broader question of neighbourhood-plan status when housing targets are unmet.
Implications for Local Policy
A ruling in favour of the council could strengthen neighbourhood plans nationwide, setting a precedent that even ambitious housing targets cannot arbitrarily override local community visions. Conversely, an adverse judgment might embolden developers to challenge recently adopted plans elsewhere.
Statements & Reactions
“After careful examination, we believe the Planning Inspector failed to properly interpret and apply national policy, particularly regarding sustainable development. This decision undermines the integrity of the Neighbourhood Plan process.” – Ruth Fletcher, Cabinet Member for Planning & Infrastructure
The Ministry of Housing, Communities & Local Government has yet to comment, while a Planning Inspectorate spokesperson said they are “not in a position to comment further” during ongoing proceedings.
FAQ
Why is the council taking legal action?
They argue the Secretary of State’s approval conflicts with national planning rules and undermines a democratically adopted neighbourhood plan.
What happens if the judicial review succeeds?
Planning permission may be overturned, forcing a new decision process that fully considers sustainable transport and local policy.
Could this affect developments beyond Horsham?
Yes. A ruling will clarify how much weight neighbourhood plans carry, influencing planning appeals across England.
When is a decision expected?
Preliminary hearings are anticipated later this year, with a final judgment possible in early 2026.