Fate of High Court challenge to 475 Goring Gap homes awaited

A decision to allow 475 homes to be built near Worthing was scrutinised by London’s High Court this week.
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Worthing Borough Council is appealing a planning inspector’s decision to allow development at Chatsmore Farm, an area also known as the Goring Gap.

The case was heard at the High Court this week with hearings on Wednesday (20 July) and Thursday (21 July).

What happened on day two?

Protest at Chatsmore Farm in the spring (Photo by Eddie Mitchell)Protest at Chatsmore Farm in the spring (Photo by Eddie Mitchell)
Protest at Chatsmore Farm in the spring (Photo by Eddie Mitchell)
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During the hearing, a fair amount of time was spent describing the local area.

Mrs Justice Lang at one point asked if Worthing is between Winchester and Eastbourne.

On the second day, the court scrutinised a document considered by the planning inspector at a public inquiry in January.

The document was commissioned by developer Persimmon and supported its view that the 475 home development would not have a substantial impact on the setting of the South Downs National Park.

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It also concludes that the site does not meet national criteria for being protected as a green gap.

The Department for Levelling Up Housing and Communities and Persimmon wanted the judge, Mrs Justice Lang, to consider it.

This is because both the defendants believe it gives context to the planning inspector’s appeal decision.

But Isabella Tafur, who represented the council at the hearings, was not happy for the document to be considered.

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It makes different conclusions to those in the council expert’s report which argues that Chatsmore Farm ‘makes a substantial contribution to the sense of openness and separation between the settlements of Goring by Sea and Ferring, with uninterrupted views to the national park’.

“If there’s any harm to the South Downs National Park then that’s material, that’s relevant,” Ms Tafur argued.

What happens now?

At the end of the hearings, Mrs Justice Lang announced that she will ‘reserve judgement’. This means that a decision will be shared at a later date.

This, she says, is to give her time to consider all the details in the case – which is understandable when you consider that the bundle of evidence before the court had approximately 500 pages.

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