Posted on 10th July 2014
On Friday 27 June 2014, Mr Justice Ouseley gave permission to Ash Parish Council to bring a judicial review of Guildford Borough Council’s decision to grant planning permission for 400 homes in Ash on a large greenfield site: R(Ash Parish Council) v Guildford Borough Council, CO/1871/2014).
The Judge held that it was arguable that the Council had failed to apply the presumption in favour of the development plan at s.38(6) Planning and Compulsory Purchase Act 2004 when resolving to afford Policy RE4 Guildford Local Plan (2003) “no weight” in the decision to grant planning permission. Policy RE4 prohibited housing (and other types of) development on countryside beyond the Green Belt to prevent coalescence and for its intrinsic beauty.
The ultimate hearing and judgment will be interesting as it will provide an opportunity for the Planning Court to clarify the meaning of a “policy for the supply of housing” at paragraph 49 NPPF.
The press coverage of the decision can be seen here: http://www.getsurrey.co.uk/news/surrey-news/ash-homes-due-full-judicial-7380760
Ashley Bowes acted for the Claimant, the Parish Council (led by Paul Brown QC) instructed by David Foster at Barlow Robbins LLP