‘Damning’ High Court judgement over Henfield homes costs council £300,000

Barratt Homes’ application for 160 new homes off West End Lane was refused by Horsham District Council in August 2013 but this decision was overturned by the planning inspector in June 2014.

HDC then took the case to the High Court, which was thrown out in January by a judge who suggested there was a ‘distinct air of unreality’ about some of the council’s arguments.

The cost to the council is ‘£300,000 and rising’ according to members of HDC’s Scrutiny and Overview Committee.

The case was discussed on Monday night with Christian Mitchell (Con, Holbrook West) explaining how it was now used as an example at seminars in planning law, which ‘does not paint the council in a good light’.

He asked how somebody in the council was able to drive forward a £300,000 case and added: “Who drove it to that level I do not know particularly when such a damning judgement was handed down.”

He continued: “We must avoid it happening again.”

Brian O’Connell (Con, Henfield) felt that if the processes on whether legal action should be taken are unclear they should seek clarity from officers.

Leonard Crosbie (LDem, Trafalgar), chairman of the committee, explained that HDC’s chief executive was preparing a briefing note to members explaining the appeal process and when a case would be referred to the High Court.

In the High Court judgement Mr Justice Lindblom’s dealt with two questions: whether the inspector’s approach to the loss of views from the appeal site was unlawful, and if the inspector acted unfairly.

On the first he ruled that there was a ‘distinct air of unreality about this ground of the council’s application’.

The second point was whether or not the council was denied the opportunity to comment on a different layout for the site, or a chance to produce an alternative layout showing how conflict with other objectives could have been avoided but Justice Lindblom said he saw ‘no force at all in that argument’.

He concluded: “In these circumstances it is quite impossible, in my view, for the council to complain of any procedural unfairness on the part of the inspector.

“There was none. If the council now regrets not having taken the opportunity it had to produce its ‘Alternative Scheme’ in evidence at the inquiry, the inspector is not to be criticised for that.”

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