A council’s attempt to challenge permission for a 270-home development by Bewley Homes has been dismissed by the High Court.
Basingstoke and Deane Borough Council refused permission in April 2023 for 270 homes in Wash Water, on a patch of land south of Newbury.
Bewley Homes appealed the decision and its Watermill Bridge development was later granted permission by a planning inspector in January 2024 following a two-week planning inquiry.
However, the borough council decided to challenge this decision by taking the matter to the High Court, saying the inspector’s finding that the proposal complied with the development plan was “plainly irrational”.
But High Court judge, Mr Justice Holgate, has concluded that the borough council had no grounds for the appeal and said it had “no legal merit at all”. The judge said the council “plainly lost the appeal on the planning merits in a way which cannot be impugned”.
Andrew Brooks, managing director at Bewley Homes, commented: “We are delighted with the decision of the High Court judge, Mr Justice Holgate, who was firm in concluding that the Inspector’s finding was ‘unimpeachable’ and was damning on Basingstoke and Deane Borough Council when he stated that the council’s ‘challenge has no legal merit at all’.”
“Watermill Bridge will now provide significant benefits to the local area including108 affordable homes of varied sizes to help towards meeting the needs of over 5,000families on the local housing register. Furthermore, the scheme includes a convenience store, community centre, healthcare facility and homes for older people providing huge benefits to the wider community.”
“Further to the built benefits of the scheme, we are committed to providing over 20% increase in biodiversity. We will also deliver large-scale public open space in the form of a riverside park, ponds, allotments and children’s play spaces all helping towards increased social well-being and providing a complete 20-minute walkable neighbourhood.”
“This decision also clearly identifies the failings of the local authority to deliver local housing and the undersupply of housing in this area for so many years. This, coupled with the clear direction by the new government to build more housing, we hope will give current applications less unjustified resistance and be looked at more favourably.”
“We hope this ruling will function as a guiding light to the local authority when taking expensive decisions challenging sound planning judgements.”
