City council refuses housing scheme after court quashes original grant of permission

Plymouth City Council reconsidered the planning application for five new homes on a community green named Wilmot Gardens last month, after the High Court quashed a previous approval on grounds relating to affordable housing provision back in May.

The legal dispute dates back to 2024 when campaigner Frank Hartkopf threatened a judicial review over the approval.

Responding to the pre-action correspondence, the council conceded to one of the grounds of challenge, which concerned affordable housing conditions.

Plymouth's Cabinet Member for Strategic Planning and Transport, Cllr Mark Coker, then applied to the High Court for a quashing order.

His Honour Judge Keyser KC granted the application in May this year, finding that the council's decision "erroneously" failed to include a condition that the proposed development was to come forward and remain as affordable housing.

The order added: "The provision of affordable housing as set out in the Planning Officer's report was a material planning consideration, and the failure to include such a condition rendered the decision unlawful."

He specifically said the decision was unlawful because the council failed to consider the reasons in the officer's report in respect of the provision of affordable housing, and failed to provide reasons for departing from the officer's advice in respect of the provision of affordable housing.

Keyser HHJ also issued a costs order, requiring Plymouth to pay Hartkopf £13,500 in legal costs.

Writing in the order, the judge said he was of the view that the level of costs had been "needlessly increased by the taking of a disproportionate approach to a relatively simple position and that the claim for time costs is excessive, having regard in particular to the involvement of counsel".

A statement issued by Goodenough Ring Solicitors – which acted for Hartkopf – claimed that the city council initially refused to pay costs, despite conceding their decision was unlawful.

"They then failed to file and serve a claim in time, naming the correct parties, requiring campaigners to file their own claim," the statement added.

Plymouth councillors have since reconsidered the application and refused permission for the homes during a planning committee meeting last week (24 July).

The council refused the development on the grounds that the adverse impact of the loss of public open space and high amenity value trees significantly and demonstrably outweighed the benefits of the proposal for affordable homes.

A spokesperson for Plymouth City Council said the local authority has accepted the decision of the High Court.

Adam Carey