Estimated reading time: 5 minutes
Key Takeaways
- The Horsham District Council has filed a judicial review against the Secretary of State for Housing over an 800-home approval.
- Council argues the decision undermines the Southwater Neighbourhood Plan and sustainable transport priorities.
- Outcome could reshape the balance between local plans and national housing targets across England.
- Partnership with Active Travel England highlights growing focus on greener development.
Table of Contents
Background of the Controversy
When the former Horsham Golf Club closed its doors, few imagined the green would become the centre of a planning storm. In late 2023 the Planning Inspectorate recommended approval for up to 800 homes on the site, despite Horsham District Council’s earlier refusal. The Secretary of State accepted that advice, calling the Southwater Neighbourhood Plan “out-of-date” and paving the way for development.
Locals felt blindsided. The neighbourhood plan, adopted only in 2021, had earmarked other areas for housing while preserving the golf course land for open space. “We wrote the plan in good faith,” one resident said, “and suddenly it was tossed aside.”
Key flashpoint: suitability of sustainable transport links. The council cited limited bus services and absent cycling infrastructure as reasons the scheme conflicted with its climate targets.
Inside the Judicial Review
On 15 May 2024, Horsham District Council lodged papers at the High Court seeking to quash the decision. The claim revolves around three alleged errors:
- Misinterpretation of national planning policy regarding neighbourhood plan weight.
- Failure to apply the latest active-travel guidance issued by Active Travel England.
- Insufficient consideration of climate-related transport emissions.
*“Local voices must carry legal weight,”* asserted Councillor Ruth Fletcher, Cabinet Member for Planning. The council’s barristers argue that treating the neighbourhood plan as outdated after only three years sets a dangerous precedent.
Stakeholder Reactions
Community groups have rallied behind the council, circulating petitions and organising information evenings. Southwater Parish Council issued a statement of “wholehearted support” for the legal action, though it stopped short of filing its own claim.
Developers remain confident. A spokesperson for the landowner said the scheme will deliver much-needed homes, new playing fields, and a primary school: “We are ready to proceed once the court confirms approval.” Meanwhile, the Secretary of State’s office has declined comment, citing ongoing litigation.
Potential Impact on Future Development
Legal experts suggest the review could become a landmark case. If Horsham succeeds, inspectors across England may be forced to give greater weight to neighbourhood plans, even where national housing targets are pressing. Conversely, an unsuccessful challenge could embolden large-scale developers to bypass local objections.
- Neighbourhood planning groups nationwide are watching closely.
- Councils may revisit the frequency with which they update local transport evidence.
Professor Jane Wilton of Sussex University notes, “The court’s interpretation of ‘out-of-date’ could ripple through every rural district confronting urban-edge schemes.”
What Happens Next
The High Court is expected to set a hearing date by late summer. Possible outcomes include:
- Permission quashed – the application returns to the Planning Inspectorate for reconsideration.
- Decision upheld – construction could begin as early as 2025.
- Partial relief – conditions imposed to strengthen sustainable transport links.
Until then, the future of Horsham’s largest housing proposal hangs in the balance.
FAQ
What is a judicial review?
A judicial review is a legal process where a court examines the lawfulness of a decision or action taken by a public body, ensuring it complies with statutory and procedural requirements.
Why does Horsham District Council believe the decision was unlawful?
The council contends that the Planning Inspector misapplied national policy, gave insufficient weight to the Southwater Neighbourhood Plan, and failed to assess sustainable transport guidance properly.
Could the project still proceed if the council wins?
Yes. A successful challenge would likely send the application back for fresh consideration, but it would not permanently bar development on the site.
How can residents stay informed?
Residents can follow updates on the Horsham District Council website and attend upcoming council meetings dedicated to the case.