Developers are fighting against a High Court decision stopping them building in Winslow.
Gladman Developments have apparently gone to the Court of Appeal now, to overturn a decision that the town’s neighbourhood plan is legal and that they can therefore not build all the houses they want as they fall outside the plan.
The Judge actually rejected Gladman’s initial request for leave to appeal to the Court of Appeal, but Gladman has petitioned the Court of Appeal directly to review the High Court judge’s decision
Campaigners say they’re confident the company won’t win.
Vic Otter is one of those campaigners:
“In refusing Gladman’s request for leave to appeal, the Hon Mr. Justice Lewis wrote ‘This case involves the construction of 3 statutory provisions ….. The interpretation is clear and there is no prospect of an appeal succeeding on facts.’
“We take the view that Justice Lewis’ decision and reasoning could not be clearer!! In the light of such an unequivocal statement by the judge, we hope that the Appeal Court will refuse the application to appeal.”
Gladman Developments is continuing in its attempts to get the Winslow Neighbourhood Plan overturned.
Last year, Gladman applied for a Judical Review of the plan-making process, in a bid to get the plan quashed.
And days before Christmas the Hon Mr Justice Lewis issued a 30-page judgment dismissing all of Gladman’s claims.
The judgment concluded: “the Winslow Neighbourhood Plan is lawful. This claim for judicial review is therefore dismissed.”
But now Gladman has petitioned the Court of Appeal directly to review the judge’s decision that the plan-making process was lawful.
Chairman of the neighbourhood plan steering group, Llew Monger, said: “This comes as no surprise but we support the view taken by the judge at judicial review that none of their grounds for appeal have any real substance.”
Mendip District Council has pledged to robustly contest a High Court challenge to the council’s recent decision to adopt the Local Plan.
Speculative developer Gladman Developments Ltd is challenging the decision because it does not believe that the amount of new housing to be provided in the district up until 2029 is sufficient. In summary, the company is claiming that the independent Inspector who scrutinised the plan in 2014 should have concluded that the Local Plan had under-estimated the amount of new housing needed and should therefore plan for significantly more.
Councillor Harvey Siggs, Leader of the Council, said: “It is very surprising and disappointing to find out that a developer has waited until the 11th hour to challenge the housing requirements, even though they were confirmed by an independent Inspector appointed by the Secretary of State back in October and proposed for adoption back in November.
“Since our proposal to adopt the Local Plan there has been no contact from the developer to indicate that they had concerns which might lead to them making a challenge, which is the protocol in these matters. The council will be taking legal advice and will fiercely contest this challenge.”No date has been set by the High Court to consider this application. Until a judgement has been reached, the council will continue to decide planning applications based on the recently adopted Local Plan. The council will also consider whether it needs to revise its programme for drawing up the second part of the Local Plan Part II, which is currently getting under way. This document will earmark the specific sites needed to meet development needs in the future.