High Court challenge to Goring Gap housing appeal decision can proceed

The Planning Inspectorate gave developer Persimmon the green light to develop Chatsmore Farm (also known as the Goring Gap) in February.

Worthing Borough Council had refused planning permission for the scheme, which was first submitted in 2020, but the developer appealed and won.

The decision was met with protest by local people who flocked to the site to make their voice heard.

It was also raised in the House of Commons by Worthing West MP Sir Peter Bottomley who appealed for the decision to be looked at again.

The council has since announced that it will take the Inspectorate’s decision to the High Court and has confirmed that it now has leave to appeal.

The council’s Conservative group leader, Kevin Jenkins, told the Local Democracy Reporting Service that the decision could be discussed in court in the Autumn (though no formal date has been set) and he called it a ‘great step forward’.

“We were clear from the very beginning that this decision was wrong and that we would challenge it in the High Court in order to preserve our green gaps,” councillor Jenkins said.

“The recent Levelling Up and Regeneration Bill places importance on Local Plans in which councils set a vision for future development, plans that have been shaped by the local communities.

“Residents came together to protest about this decision and thousands signed a petition.

“We should be supporting our own emerging local plan and, through that, value local democracy.

“I am calling on Worthing Borough Council and the new Labour administration to uphold our previous pledge to fight this appeal.

“Councillor Cooper came to the protest and made some very impassioned speeches supporting the protesters, she now needs to put those words into action and agree that we go to the High Court.

“To pull out now would be an utter abandonment of local residents.”

Tarring ward councillor Martin McCabe (Lab), who is tipped to be the council's next executive member for regeneration, is expected to make a statement on the legal challenge following the annual council meeting on Friday (20 May).

A spokesperson for Persimmon said the developer would not be commenting.

If the High Court finds in WBC’s favour, it could open the door for a second public inquiry into the scheme.

The council has argued that, even though its five year housing land supply and housing targets have not been met, its emerging Local Plan is at an advanced stage.

The plan specifically includes Chatsmore Farm as an area of green space where the council does not want to see development.

However, during a public inquiry in January, legal representatives for Persimmon argued that the scheme was needed to meet demand for housing.

Paul Cairnes QC called the housing land supply for the borough ‘woeful’.

Additionally, planning inspector Rory Cridland concluded that Chatsmore Farm currently has ‘no formal protections’.

More details on the housing development can be found at the council’s planning portal using reference: AWDM/1264/20.

The Planning Inspectorate’s appeal decision, which was published in February, can be viewed here: https://acp.planninginspectorate.gov.uk/ViewCase.aspx?CaseID=3281813&CoID=0