Guildford Local Plan Judicial Review Judgement Expected to Take Weeks

Published on: 8 Nov, 2019
Updated on: 10 Nov, 2019

Sir Duncan Ouseley

The Judicial Review (JR) hearing of the Guildford Local Plan was adjourned yesterday (November 7) at the High Court in London, to await judgement by Sir Duncan Ouseley, expected to take weeks.

During the three-day hearing, issues considered were:

• Whether the Local Plan makes adequate provision for new housing;
• Did exceptional circumstances justify altering green-belt boundaries to meet development needs;
• Whether the Plan’s green-belt policy is sound;
• If the overall spatial development strategy is sound;
• Soundness of the Plan’s approach towards the protection of landscape and countryside, biodiversity, flood risk and groundwater protection;
• Whether the Plan’s strategic allocations at Slyfield Area Regeneration Project (now known as the Weyside Urban Village), Gosden Hill Farm, Blackwell Farm, Hog’s Back, land to the south and east of Ash and Tongham and former Wisley Airfield are sound; and
• The assessment of Legal Compliance.

Richard Harwood QC

Compton and Ockham Parish Councils, with campaigner Jules Cranwell, sought the JR, claiming the Local Plan process was not followed correctly by the borough council and/or the planning inspector, Jonathan Bore. The claimants were represented by QCs Richard Kimblin with Richard Harwood, who has represented Wisley Action Group in previous hearings.

Defending were Guildford Borough Council and the Secretary of State of the Ministry for Housing, Communities and Local Government and (MHCLG). They were represented by James Findlay QC and barristers Rob Williams and Richard Honey.

Listed as interested parties were Wisley Property Investments Limited, Martin Grant Homes, Blackwell Park Limited and Catesby Estates PLC. All had their own legal representation.

The High Court sits at the Royal Courts of Justice

On the final of the hearing, 10 barristers and a similar number of solicitors were arranged before Sir Duncan in Court 76 at the Royal Courts of Justice in London’s Strand. The hearing concluded with the final submissions by the claimants’ QCs.

One man among the 25 or so people in the public gallery reckoned the hearing had cost £200,000 a day. Others present included former council leader Paul Spooner, former councillors Geoff Davis and Bill Barker and campaigners Karen Stevens (Save the Hogs Back), Julian Cranwell and Tim Harrold (Campaign to Protect Rural England).

During the hearing there was considerable debate on the planning inspectors interpretation of “exceptional need”, the bar that needs to be met for the release of green belt-designated land.

There is some expectation that Sir Duncan’s judgement might take as little as three weeks but there is no fixed timetable and it could be longer.

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