Judicial review threat prompts district council to delay approval of neighbourhood plan

A threat of legal action has seen Arun District Council delay a decision to approve a neighbourhood plan.

Councillors had been due to approve the Barnham and Eastergate Neighbourhood Development Plan (Review) 2019-2031 but planning policy committee chair Richard Bower intervened to tell them this was no longer possible.

He said: “We’ve been advised from the council’s monitoring officer that the process of making the modified Barnham and Eastergate Neighbourhood Plan has been challenged by judicial review.”

Legal advice to the council was that it should accept the developer’s request not to take this item at the meeting as “the developers are likely to get an injunction anyway”.

The dispute concerns an application by Gleeson Strategic Land for some 200 homes near Barnham.

This was rejected by Arun as a departure from its development plan that might also affect listed buildings, but Gleeson then won on appeal.

If the neighbourhood plan had been made it would not though have included these homes, so Gleeson argued it would be unreasonable for Arun to proceed.

A statement by Gleeson said its planning application had been made “to take advantage of Arun District’s failing housing land supply”, and the inspector who heard its appeal had confirmed the council, had  only 2.63 years of housing supply.

The company said: “Gleeson Land has got 2022 off to a great start, winning a planning appeal for 200 new homes in Barnham, West Sussex. The proposal also includes 7ha of natural and semi natural open space including play spaces, allotments, and a community orchard.”

Mark Smulian