Estimated reading time: 6 minutes
Key Takeaways
- Horsham District Council is pursuing a judicial review to overturn approval for an 800-home development.
- The challenge questions alleged legal errors in interpreting national planning policy and the Southwater Neighbourhood Plan.
- Outcome could affect the authority of local plans across England and reshape future housing decisions in Horsham.
- Stakeholders include Active Travel England, local residents, and businesses concerned about sustainable growth.
- A successful review may revoke outline permission; an unsuccessful one may set a precedent limiting neighbourhood plan power.
Table of contents
Background of the Judicial Review
Earlier this year, the Secretary of State for Housing, Communities and Local Government granted outline planning permission for an 800-home scheme on the former Horsham Golf Club site. This decision overturned Horsham District Council’s refusal and an earlier Planning Inspectorate dismissal, sparking widespread debate over local versus national planning powers.
Described by legal experts at Local Government Lawyer as a “test of neighbourhood planning integrity,” the judicial review will determine whether correct legal procedures were followed.
Reasons for the Legal Challenge
- Misapplication of policy: Council claims national housing policy was applied without due regard for sustainable location principles.
- Neighbourhood Plan status: Decision labelled the 2021 Southwater Neighbourhood Plan “out of date,” *diluting* its protective power.
- Precedent concern: Officials fear a ripple effect that could weaken community-led planning across the country.
Council Leader Cllr Ruth Fletcher warned, “Failing to respect our democratically approved plan erodes public trust and jeopardises sustainable growth.”
Implications for Local Development Policy
If the judicial review succeeds, every large application in Horsham may undergo tougher scrutiny, especially where neighbourhood plans advocate lower density or greener transport solutions. Conversely, an unsuccessful challenge could embolden developers to target areas previously shielded by local policy.
- Possible revisions to the Southwater Neighbourhood Plan to reinforce legal robustness.
- Heightened collaboration with Active Travel England to secure cycling and walking infrastructure.
- Greater emphasis on carbon-neutral development as councils seek stronger grounds for refusal.
Stakeholder Perspectives
Horsham District Council: Determined to uphold community-led planning and sustainable growth targets.
Secretary of State & Planning Inspectorate: Remaining *tight-lipped* during legal proceedings.
Southwater Parish Council: Welcomes the review as a safeguard for local democracy.
Residents & Businesses: Mixed views—some see much-needed housing, others fear infrastructure strain and loss of village character.
Legal and Planning Context
- National Planning Policy Framework (NPPF) prioritises sustainable, plan-led growth.
- Outline permission grants “approval in principle” but leaves design and mitigation details for later.
- Judicial review focuses on legality, not the planning merits.
Potential Outcomes and Future Developments
A *successful* review could quash permission, forcing a fresh inquiry and reinstating full weight to neighbourhood plans. An *unsuccessful* one may allow construction to proceed, establishing a precedent that out-of-date plans hold limited sway where housing land supply is low.
- Further appeals or policy amendments anticipated regardless of outcome.
- Councils nationwide watching closely to gauge implications for their own local plans.
- Potential for new guidance on integrating *active travel* requirements into large-scale schemes.
Conclusion
Horsham’s legal challenge symbolises a broader struggle between local autonomy and national housing imperatives. Whether the council triumphs or not, the case will shape how neighbourhood plans, sustainability goals, and government interventions interplay in future developments. For residents, it is a pivotal moment that could redefine the district’s growth trajectory for decades.
FAQ
What is a judicial review?
A judicial review is a court process that examines whether a public body followed the law correctly when making a decision. It does not re-assess the planning merits, only the legality.
Why does the Southwater Neighbourhood Plan matter?
Neighbourhood plans give communities a direct voice in shaping development. If deemed “out of date,” their ability to resist unsuitable schemes diminishes, making this legal test highly significant.
Could the 800-home project still proceed?
Yes. If the judicial review fails, the Secretary of State’s approval stands and construction can begin after reserved matters are settled.
How long will the court process take?
Typical judicial reviews conclude within 6-12 months, though complex cases can extend further, especially if appeals arise.
Where can I learn more?
Updates will appear on Horsham District Council’s website and specialist outlets such as Local Government Lawyer.