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Press Release

16 December 2020

Judge dismisses claim for Judicial Review

An application for a judicial review of the decision to grant planning permission for six homes in Greenaway Lane, Warsash, has been dismissed by the High Court of Justice Queen’s Bench Division Planning Court and costs awarded to the Council. Members of the Planning Committee were advised of the High Court’s decision by Cllr Nick Walker, Chairman of the Planning Committee, at today’s Planning Committee meeting.

Cllr Walker said: ‘Members will be aware that a judicial review claim has been brought on eight grounds by Save Warsash and the Western Wards against the Council’s decision to grant planning permission for six detached homes on land adjoining 79 Greenaway Lane (planning reference P/18/0884/FP). This planning application was considered by the Planning Committee on 24 June 2020 and, following the completion of a Section 106 legal agreement, the formal decision notice was issued on 11 August 2020.

“An order of the High Court was made on 7 December 2020 refusing permission to bring the judicial review claim on all eight grounds. The Court’s view was that officers had correctly interpreted and applied the Natural England guidance on achieving nitrate neutrality, had properly advised the Planning Committee, and that the Planning Committee had made a lawful decision.”

The claimant, Save Warsash and the Western Wards, now has the option to ask the Court to reconsider their claim at a hearing, on any or all of the eight grounds of challenge. The deadline for asking the Court to reconsider their claim is 21 December 2020.

ENDS