Ernie Clark. Hilperton Division, Wiltshire Council.

Gallaghers lose the battle of Devizes Road - at the moment.

The High Court has found that a Planning Inspector erred in overturning a refusal of planning permission for houses south of Devizes Road.

I called-in the original application to ensure that it could not be permitted unless it went to a WC planning committee.  As it turned out it was refused by WC and the applicant took it to appeal with the Planning Inspctorate.  They overturned the refusal and gave permission (on Christmas Eve!) but didn't seem to take any account of the new WC Core Strategy.  I pointed this out to the planners at WC and the council agreed to take the appeal decision to judicial review.

I have an e-copy of the full Judgement which I am happy to forward.  Please email me at ernie.clark@wiltshire.gov.uk but please see the cautionary note below from the WC legal team.

WC is strongly arguing for the decision to be quashed – but I'm sure no one will be surprised by the fact that if they lose, the interested Parties (developers) will seek leave to appeal.

 

'I think all we can say is that there remains a legal argument as to how the judgment should be implemented.  WC maintain that the decision of the Inspector should be quashed as per the judgment, the Defendants argue that although there was a finding against them, the court may still make an order that allows the planning permission granted at the inquiry to remain in place. The Judge has requested written submissions from counsel and will decide the issue next week. Should the Judge decide against the Defendants they will be seeking leave to appeal.'