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Judicial Review outcomes

Judgments in respect of both of these judicial reviews were received on 28 May 2021.  Read the Council's press release here or you can read the Save Warsash PDF (223 KB) or BARAD PDF (450 KB) judgments in full.

A judicial review is a process where the decisions made by public bodies can be challenged by third parties on the basis that there has been an error in the way that the decision has been made (rather than that the decision itself is wrong or that the judge would have made a different decision).  A court will review how the decision was made and decide whether the public body in question made mistakes when arriving at its decision.  The court has the power to declare that the decision was unlawful and to quash the decision.  

Claims for judicial review in planning matters are dealt with by a specialist division of the High Court.

There are two outstanding claims for judicial review that have been brought against Fareham Borough Council:

The 'Save Warsash' judicial review

This has been brought by 'Save Warsash and the Western Wards' against the Council's decision to grant planning permission for six detached dwelling houses on land adjoining 79 Greenaway Lane (planning reference P/18/0884/FP).

The 'BARAD' judicial review

This has been brought by 'Brook Avenue Residents Against Development' (BARAD) against the Council's decision to grant planning permission for eight detached dwelling houses at Egmont Nurseries in Brook Avenue (planning reference P/18/0592/OA).

Update

Updates for either of these two claims will be provided by the Chairman of the Planning Committee at the beginning of Planning Committee meetings as appropriate. 

The Chairman's announcements will then be added to this page.

Planning Committee 3 March 2021

At the last Planning Committee meeting I provided an update on two judicial review claims in Warsash; one relates to a planning permission granted for eight houses at Egmont Nurseries, Brook Avenue, and one to a planning permission granted for six houses adjacent to 79 Greenaway Lane.

I advised Members that the Courts had granted permission in both cases for the claimants to proceed with a judicial review of these planning permissions. Hearings will take place for both claims, and the claims will be heard consecutively by the same judge. Originally the hearings were due to be held from 8th - 10th June, 2021. The Courts have subsequently advised us that the hearings for the two claims will now be held from 11th-13th May, 2021.

Planning Committee 17 February 2021

"Members will recall that I have provided updates at previous meetings regarding two judicial review claims; one relating to a development of eight houses at Egmont Nurseries, Brook Avenue, and one relating to a development of six houses adjacent to 79 Greenaway Lane.

"Starting firstly with the Brook Avenue claim, I have previously advised the Committee that the court has granted the claimant, Brook Avenue Residents Against Development, permission to proceed with a judicial review on all eight grounds of challenge.

"Turning to the Greenaway Lane case,  the High Court initially refused permission for the claimant, Save Warsash and the Western Wards, to bring a judicial review claim on all eight grounds on 7 December 2020. I recently advised this Committee that the claimant had asked the court to reconsider whether to grant permission to bring the claim. The reconsideration by the Court took place at a hearing on 5th February 2021. At that hearing the court granted the claimant permission to proceed on seven grounds of challenge (one ground relating to 'apparent bias' was not pursued by the Claimant).

"The Greenaway Lane claim is to be heard consecutively with the Brook Avenue claim. The same judge will be hearing the two claims on account of the similarities between the two. The hearings for these two claims are due to be held from 8th - 10th June, 2021.

Planning Committee 13 January 2021

"Members will recall that at the last Planning Committee meeting I provided an update on a judicial review claim which had been brought by Save Warsash and the Western Wards against the Council's decision to grant planning permission for six detached dwelling houses on land adjoining 79 Greenaway Lane (planning reference P/18/0884/FP).

"At that meeting I advised Members that an order by the High Court was made on 7 December 2020 refusing permission to bring the judicial review claim on all 8 grounds.

"I also advised Members that the claimant, Save Warsash and the Western Wards, had the option to ask the Court to reconsider their claim at a hearing, on any or all of the 8 grounds of challenge. I can confirm that the claimant has now asked the court to reconsider whether to grant permission to bring the claim at a hearing, which will take place on 4 February 2021.

"Members will also be aware that a second claim for judicial review has been brought against the Council's decision to grant planning permission for eight detached dwelling houses at Egmont Nurseries in Brook Avenue (planning reference P/18/0592/OA).

"In this claim, there were also eight grounds of challenge; of those eight grounds, four were similar to those pursued in the judicial review claim at Greenaway Lane. The court has granted the claimant, Brook Avenue Residents Against Development, permission to proceed on all 8 grounds of challenge and the matter will go on to be considered at a substantive hearing. A date for this hearing has not yet been set."

Planning Committee 16 December 2020

"Members will be aware that a judicial review claim has been brought on 8 grounds by Save Warsash and the Western Wards against the Council's decision to grant planning permission for six detached dwelling houses on land adjoining 79 Greenaway Lane (planning reference P/18/0884/FP). This planning application was considered by the Planning Committee on 24 June 2020, and following the completion of a Section 106 legal agreement the formal decision notice was issued in 11 August 2020.

"An order of the High Court was made on 7 December 2020 refusing permission to bring the judicial review claim on all 8 grounds. The Court's view was that officers had correctly interpreted and applied the Natural England guidance on achieving nitrate neutrality, had properly advised the Planning Committee, and that the Planning Committee had made a lawful decision.

"The claimant, Save Warsash and the Western Wards, has the option to ask the Court to reconsider their claim at a hearing, on any or all of the 8 grounds of challenge. The deadline for asking the Court to reconsider their claim is 21 December 2020."

 

 

 




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