High Court refuses council permission to challenge approval for 800-home development

Plans for the housing development, which includes a sports and leisure hub, golf college, nursery and a co-working space, were first submitted in June 2023.

Horsham refused the application in May 2024.

However, the Planning Inspectorate gave permission for the development on appeal in June this year.

The council sought to challenge the decision in August this year, claiming the inspectorate erred in law by failing to properly consider the Southwater Neighbourhood Plan.

According to the council, the High Court agreed that the inspector had erred by failing to consider the plan, but concluded that this error would not have altered the inspector's ultimate decision, given his assessment of the planning balance in favour of the development.

Horsham has decided not to pursue the case any further, on advice from its legal team and in light of the court's indication that such a challenge would be unsuccessful and therefore not in the best interests of local taxpayers. 

Cllr Ruth Fletcher, Horsham District Council Cabinet Member for Planning and Infrastructure, said: "We looked closely at whether it was in the public interest to pursue this further, but had to accept the clear message from the court about our prospects of success.

"The Planning Inspector's error was acknowledged by both the Secretary of State and the Court, and that recognition is an important step in helping us safeguard the role of neighbourhood plans in the future.

"However, this case should never have arisen. Had the Planning Inspector applied the law correctly in the first place, we would not have been forced to launch this legal challenge."

Cllr Martin Boffey, leader of the council, added: "By granting outline planning permission for this site, the Planning Inspectorate has overridden strong local planning policies and the wishes of the community.

"Although it is not in local taxpayers' interests to take this legal challenge any further, the Council will continue to fight for a plan-led system that respects local decision-making and protects our District from inappropriate development."

Adam Carey