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Press Release

20 July 2022

Fareham wins landmark appeal

The Court of Appeal has unanimously dismissed an appeal by Brook Avenue Residents Against Development (BARAD), who sought to overturn a planning permission granted by Fareham Borough Council for eight new homes on land at Egmont Nurseries, Brook Avenue in Warsash.

The appeal alleged that the Council had not complied with relevant Planning and Habitat legislation, nor had it paid proper regard to the advice of Natural England. It further alleged that as a result the Council could not be sure that the new development would not have adverse effects on the marine environment of The Solent. BARAD had previously challenged the Council’s decision to grant planning permission in the High Court, with that case being dismissed in May 2021.

The judgment from the Court of Appeal issued on Friday 15 July once again confirmed the Council’s decision-making was soundly based in law.

Commenting on the decision, Cllr Nick Walker, the Chairman of Fareham Borough Council’s planning Committee, said: "As a Council, we take our responsibility to safeguard The Solent, which has international importance for wildlife, extremely seriously.

"We have gone to great lengths to develop a strategy that protects the wildlife habitats in The Solent, whilst enabling the homes to be built that the Government requires the Borough to accommodate.

"The Council’s approach to decision making has now been tested on two different occasions by two different courts and found to be sound."

The Court of Appeal has required BARAD to pay £10,000 of the Council’s costs (being the maximum amount the Council is able to recover under the law) within 56 days of the Court’s judgment.

ENDS