Estimated reading time: 6 minutes
Key Takeaways
- The council is taking the rare step of a judicial review to contest national intervention in local planning.
- Sustainable development and neighbourhood plan integrity sit at the heart of the legal challenge.
- A ruling in Horsham’s favour could shift the balance of power toward local authorities nationwide.
- Active travel and green infrastructure are central talking points in the case.
- Stakeholders—from residents to developers—are watching the outcome very closely.
Table of contents
Background of the Judicial Review
Horsham District Council’s legal challenge springs from the Secretary of State’s decision to approve an 800-home development on the former Horsham Golf Club site—despite earlier local refusal. After the Planning Inspectorate backed the developer’s appeal, the Secretary granted permission, prompting the council to seek a judicial review.
Judicial review allows a court to examine whether a public authority has acted lawfully. It is *not* about whether the development is “good” or “bad,” but whether due process and correct policy interpretation were followed.
For a deeper dive into the legal process, the Local Government Lawyer offers an excellent overview.
Council Reasons for the Review
- Misapplication of national planning policy: The Inspector allegedly over-rode the requirement to direct growth toward more sustainable locations.
- “Out-of-date” neighbourhood plan claim: Declaring the Southwater Neighbourhood Plan past its sell-by date, the Inspector gave less weight to locally agreed priorities.
- Sustainable development concerns: Active travel corridors and green infrastructure were, in the council’s view, insufficiently addressed—contradicting national sustainability goals.
Cllr Ruth Fletcher summed up the sentiment with a stark warning: “Failure to interpret and apply national policy, particularly around sustainable development, undermines the very essence of our neighbourhood planning process.”
Implications for Local Planning Policy
The case challenges the delicate balance between local autonomy and national oversight:
- Neighbourhood plan validity: A court victory could turbo-charge the status of neighbourhood plans, giving them greater legal weight.
- Policy interpretation precedent: Courts may clarify how future Inspectors must weigh local policies against national ones.
- Local authority empowerment: A favourable ruling might embolden councils nationwide to challenge decisions they perceive as top-down.
Impact on Housing Development & Governance
While the court deliberates, the 800-home scheme is effectively on hold—introducing uncertainty for developers, investors, and future residents.
- Potential delays could push local housing targets further down the road.
- The Planning Inspectorate’s role faces heightened scrutiny, possibly prompting procedural reforms.
- Cabinet members must weigh political risk with public expectation as the case unfolds.
Sustainable Transport & Active Travel
One of the council’s chief grievances is that the approved masterplan fell short on *active travel* integration. The authority recently partnered with Active Travel England to embed cycling and walking routes into new developments, yet feels these ambitions were sidelined.
“Housing without safe cycling links is yesterday’s solution to today’s climate challenge,” a local campaigner argued.
Community & Stakeholder Reactions
Reactions are mixed:
- Local residents and Southwater Parish Council applaud the challenge, saying it defends democratic planning.
- Developers argue the area desperately needs new homes and that further delays hurt young families.
- Environmental groups fear the precedent of sidelining green policies if the council loses.
Future Outlook
Legal timetables suggest a ruling could come within 6-12 months. Regardless of the verdict, policymakers are bracing for ripple effects:
- Precedent setting: The decision may redefine how neighbourhood plans are weighed in appeals.
- Policy reform: A loss for the Secretary of State might trigger updated guidance on sustainability metrics.
- Community engagement: Expect heightened civic interest in planning consultations across the UK.
FAQs
Why did Horsham District Council pursue a judicial review?
The council believes the Planning Inspectorate misapplied national planning policy and undervalued its neighbourhood plan, leading to an unlawful approval of the 800-home scheme.
Will the development stop altogether if the council wins?
Not necessarily. A successful judicial review would quash the current approval, sending the application back for reconsideration under corrected legal principles—potentially with stricter sustainability requirements.
How common are judicial reviews in planning disputes?
They are relatively rare, reserved for cases where a council or community group believes a decision-maker has acted outside the law or misinterpreted policy. Most planning disagreements are resolved through appeals rather than courtrooms.
Could this case influence other neighbourhood plans?
Yes. A ruling that strengthens neighbourhood plan status would give communities across England greater leverage in shaping local development.
When will a verdict be delivered?
Court timetables vary, but both parties expect a decision within the next year. Until then, major work on the site remains paused.