High Court Backs Parish Council and Quashes GBC’s Planning Permission

Published on: 19 Jan, 2025
Updated on: 19 Jan, 2025

The developers wanted the design to reflect the rural setting and create a “sense of place”. Guildford Borough Council/ Hawksmoor Homes

By Emily Dalton

local democracy reporter

Guildford Borough Council’s decision to grant planning permission for homes in Send has been quashed at appeal.

The scheme included five, large detached homes on Potters Lane in Send. Sitting around 130 metres from the River Wey Navigation Conservation Area, the houses would be visible from the picturesque nature spot.

Send Parish Council had vehemently opposed the plans, arguing the homes would “greatly harm the present rural outlook from the path” by the River Wey. Only an agricultural barn is currently visible on the rural landscape, making the development “intrude onto the rural character of the river corridor”, the parish council argued.

The proposed development on Potters Lane. Guildford Borough Council/ Hawksmoor Homes

The developer said it wanted the design to reflect the rural setting and create a ‘sense of place’. Houses were modelled on a ‘Surrey style’ like farmhouses and cottages, according to planning documents.

But members of Guildford Borough Council planning committee approved the application in January 2024. Council against council, the Parish of Send commenced a legal battle to challenge how the decision was made and to stop the development going ahead.

Then, on January 3, High Court Judge Mr Kolinsky KC accepted all grounds of Send Parish Council’s challenge. The KC quashed the decision, arguing Guildford council had failed to consider how the development could be managed to protect the scenic and environmental qualities of the River Wey.

Cllr Julia Osborn, Chair of Send Parish Council, said in a statement: “We hope that in having made this challenge on behalf of our residents, planning officers and Planning Committee members will recognise the strength of feeling of residents of the importance of Send’s landscape settings and our collective determination as a village to have our voice heard and be prepared to challenge the ongoing deluge of planning approvals in every corner of our village.”

The council had also failed to consider its own Conservation Officer’s objection, as well as not accounting for National Trust’s planning guidance, according to the KC’s decision.

Planning documents reveal the Conservation Officer had warned councillors the proposal would be “visually significant” and it would still harm the significance of the Wey Navigation Conservation Area.

A National Trust spokesperson had also said the proposed homes would “encroach on the open land between the Navigation and the village of Send”. Even with the proposed tree planting, they added, the buildings would be “detrimental to views currently enjoyed along the River Wey Corridor and would harm the setting of the Navigation, a designated heritage asset”.

Guildford council must now pay the costs of the legal challenge. Any funds returned to Send Parish Council will be held in the “planning appeals fund” for when the application is returned to the planning committee, according to Cllr Osborn. She said the parish council is already preparing for when the application returns to Guildford council’s Planning Committee.

A Guildford council spokesperson said: “Send Parish Council applied to the High Court to Judicial Review our decision to grant planning permission at 94 Potters Lane on the grounds that we did not consider Policy D13 in full.”

This planning policy aims to protect the countryside, most of which is green belt, and can require measures to prevent flash flooding and wildfires. The Judicial Review looks at the way a decision is made, not whether a planning application should be approved or rejected.

Guildford council has legally agreed to cancel the decision but, according to the local authority, “makes no judgement on the planning merits of this case”. The applicant can resubmit the same planning application to be review and determined by planning bosses.