Judicial Reviews of Guildford’s Local Plan Get Legal Go-Ahead

Published on: 12 Jul, 2019
Updated on: 17 Jul, 2019

By Martin Giles

Permission to proceed with three applications for Judicial Reviews of Guildford Borough Council’s Local Plan has been granted.

A judge has accepted there is an arguable case for the reviews. The cases will be heard, in full, in the High Court. The Government Legal Department has 35 days to lodge its detailed defence.

The applications have been made by two parish councils, Ockham and Compton and by green belt campaigner Julian Cranwell. The judicial reviews are understood to be have been sought on the grounds that the council agreed a housing requirement of 10,000 new dwellings but nonetheless allocated land for 14,000 houses, failing to show “exceptional circumstances” for the release of green belt land to build housing in excess of that required. Richard Buxton Solicitors are acting for all three claimants.

The borough council had already decided to defend the Local Plan process, a decision that was taken, The Guildford Dragon has been told, by the council leader, in consultation with council officers, on a legal rather than political basis, so without any debate or vote by the Executive or the full council.

Cllr Jan Harwood

Cllr Jan Harwood, lead councillor for planning, planning policy, housing delivery through planning, said: “Any statutory challenge to the Local Plan must be about the legal process, not about the outcome of the decision itself or any specific planning judgements.

“On the narrow range of matters that can be argued as part of a statutory challenge, the council is not aware of any lack of lawfulness in the process which led to the decision of the council.

“But as has happened with other Local Plans, we expected permission to be granted to proceed to a full hearing. We are also aware that permission has been given to two developer-interested parties to take part, with a further application pending from another developer.

“The council will participate in an open and transparent manner with the court and all other parties. The Secretary of State has also indicated they intend to defend allegations that the Planning Inspector erred in his approach.”

Dr Claire Travers

Marie Claire Travers, chair of Ockham Parish Council (OPC) said: “The decision by High Court Judge Sir Duncan Ouseley to allow a Judicial Review is both welcomed and applauded by OPC and our allied campaigners, the Wisley Action Group (WAG).

“The persistent intransigence demonstrated by Guildford’s decision-makers in the face of sound, constructive opposition to the Local Plan will, at last, be subject to legal scrutiny and clarification.

“But it is, perhaps, strange to see resistance from some new GBC councillors who were elected in something of a revolt against the very plan they now seek to enforce.”

Cllr Susan Parker

Susan Parker, as leader of the Guildford Greenbelt Group, said: “Personally, I’m delighted to be told the High Court has given permission for the three JRs to proceed. As I understand it, these challenge site allocations, including the use of the green belt, and are not seeking to junk the whole Local Plan.

“So if the JRs are successful, the council will be able to amend the proposed use of rural sites within the adopted Plan.

“That’s a fantastic opportunity for us now to acknowledge the climate-change impact of using countryside rather than urban brownfield land (a matter not properly considered before) to protect our countryside and to ensure sustainability is prioritised.

“I don’t think the council must defend the plan. It was controversially adopted by the outgoing council who were emphatically rejected at the ballot box.

“We’ve been advised that whether we defend is a matter that the full council needs to determine, and I expect that decision will probably be at the next council meeting.”

If a full council decision is required it is likely there will be a majority in favour of defending the JRs as long as 13 of the 17-strong Lib Dem Group join the Conservative and Labour Groups in voting in favour of the defence. The next full council meeting is scheduled for Tuesday, July 23.

Cllr Joss Bigmore

Joss Bigmore, as leader of Residents for Guildford and Villages (R4GV), added: “R4GV have been frustrated in our attempts to influence the council’s response to these challenges and welcome the independent scrutiny this process offers.

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