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Key Takeaways
- Horsham District Council has launched a judicial review challenging the Secretary of State’s decision to allow an 800-home development.
- The council argues the ruling undermines the Southwater Neighbourhood Plan and sustainable development goals.
- Potential delays could ripple through local housing targets and sustainable transport initiatives.
- The High Court’s verdict could reshape how national housing mandates interact with community-led planning.
Table of Contents
Background of the Planning Decision
When the Secretary of State’s decision document landed on Horsham’s desk earlier this spring, it overturned the council’s refusal of planning permission for up to 800 homes on the former Horsham Golf Club site. The land had been unallocated in the district’s local plan, yet national housing targets tipped the scales in favour of development.
A Planning Inspector, ruling on appeal, deemed the recently adopted Southwater Neighbourhood Plan “out of date,” a move many councillors considered startling. In bold response, the council has now sought a judicial review to test whether national policy was interpreted lawfully.
- Outline permission for 800 homes granted by central government.
- Local refusal overturned despite transport and sustainability concerns.
- Neighbourhood Plan—years in the making—sidelined within months of adoption.
Reasons for the Judicial Review
According to the Horsham District Council press release, the appeal decision contains “significant legal misinterpretations.” Cllr Ruth Fletcher explained:
“It is vital for public confidence that neighbourhood plans retain integrity. We believe national policy on sustainable development was applied incorrectly.”
- Alleged errors in calculating five-year housing land supply.
- Contradiction with the Southwater Neighbourhood Plan (adopted 2021).
- Failure to account for Active Travel England partnership on sustainable transport.
- Broader concern: erosion of local democratic planning.
Implications for Local Housing
Should the court side with Horsham, developers may need to revisit designs, environmental assessments, and transport links—adding months, possibly years, to delivery timelines. Conversely, if the Secretary of State prevails, some fear it will set a precedent whereby neighbourhood plans become “optional reading” for inspectors.
- Housing targets: potential short-term dip in completions.
- Sustainable transport: funding for new cycle lanes tied to the scheme may stall.
- Community trust: perception of “top-down planning” could deepen.
The Legal Process
Judicial review focuses not on the merits of housing, but on the legality of how the decision was reached. The High Court will scrutinise whether the Planning Inspectorate’s reasoning was irrational, procedurally unfair, or inconsistent with policy. Possible outcomes include:
- Decision upheld—development proceeds unchanged.
- Decision quashed—application returns to the Secretary of State for reconsideration.
- Partial quash—specific policy matters revisited while others stand.
Community Response
Support for the judicial review stretches from Southwater Parish Council to local green-belt campaigners. Yet not everyone is convinced. Some residents—especially first-time buyers—worry legal wrangling could push house prices even higher.
“I sympathise with protecting the Neighbourhood Plan,” says Southwater resident Jamie Brooks, “but my family needs an affordable home now, not in five years.”
Potential Outcomes & Next Steps
Legal experts expect initial hearings this summer, with a judgment by late autumn. Whatever the ruling, appeals are possible, meaning the saga could extend well into 2025.
- Upheld: 800 homes progress; local plan review likely accelerated.
- Overturned: developer may submit a revised scheme or walk away.
- Reconsideration: compromise on housing numbers and transport commitments.
Conclusion
The Horsham judicial review epitomises the growing friction between national housing ambitions and community-led planning. Whichever path the court takes, its judgment will echo far beyond the fairways of a former golf course, shaping how neighbourhood plans are respected—or rejected—across England.
FAQs
Why is Horsham District Council pursuing a judicial review?
The council believes the Planning Inspectorate misapplied national policy, undervaluing local sustainability goals and the Southwater Neighbourhood Plan.
Does a judicial review stop construction immediately?
No. While it can delay the next stages, only an injunction or court order would halt preparatory work on site.
What happens if the court quashes the decision?
The matter returns to the Secretary of State for reconsideration, potentially with new evidence or policy guidance.
Could this case affect other neighbourhood plans?
Yes. A ruling that reinforces neighbourhood plan authority could empower communities nationwide; the opposite could dilute local influence.
How can residents stay informed?
Regular updates will appear on the Horsham District Council website and through council meeting minutes.