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Developer to appeal High Court quashing of permission for 475-home development in ‘green gap’

Developer Persimmon Homes has been given permission to appeal a High Court ruling which quashed an inspector's decision to overturn Worthing Borough Council's refusal of planning permission for a 475-home development on a 'green gap' between Goring and Ferring.

Persimmon Homes first applied to develop the site, set on fields between the two urban areas, in August 2020.

The local authority refused planning permission in March 2021 for a number of reasons, including because the development was outside of the built-up area as set out in the Worthing Core Strategy and the council's then-emerging Submission Draft Worthing Local Plan.

Persimmon Homes appealed to the Planning Inspectorate, which allowed the appeal and granted planning permission for the development in February of this year.

The council then launched a statutory review pursuant to section 288 of the Town and Country Planning Act 1990, leading to a High Court judgment quashing the inspector's decision.

The judge allowed the claim for statutory review on two of the four grounds brought by the council, including a ground which argued the inspector had not properly considered the impacts of the homes on the neighbouring South Downs National Park.

Commenting on the appeal, a spokesperson for Persimmon Homes said: "Worthing remains an area of 'exceptional housing need' as highlighted by an independent planning inspector. The council's emerging Local Plan only provides for a quarter of the houses that Worthing needs so there remains a shortfall of over 10,000 homes for local people and families."

The developer added that it believes the proposed development would help the council meet the shortfall.

Cllr Dr Beccy Cooper, the Leader of Worthing Borough Council, said: "[I] am so disappointed that Persimmon continues to push ahead with plans that no one in Worthing wants".

She continued: "We will not give up in the fight to prevent the Goring Gap being concreted over, and I would urge Persimmon to say 'enough is enough' and to walk away from this development.

"We are happy to work with developers who want to provide good quality, affordable homes in the right places in Worthing, but this is not the right place."

Adam Carey