By Isle of Wight Observer
The Court of Appeal has overturned the Isle of Wight Council’s decision to grant planning permission for the controversial West Acre Park housing development on Westridge Farm, Ryde. The decision follows a hearing earlier this month at the Royal Courts of Justice in London.
The approval for 473 homes, including 35 per cent classified as ‘affordable’, was ruled unlawful because the council had failed to properly publish a Section 106 planning obligation before granting permission.
The council had argued that the permission should not be overturned, but should be allowed to stand if it now published the Section 106 details.
The challenge was spearheaded by Greenfields (IOW) Ltd, representing the Elmfield community. The Appeal Court awarded Greenfields 75 per cent of its legal costs, capped at £70,000, after a four-year legal battle to protect the historic farmland.
Councillor Michael Lilley, representing Ryde Appley and Elmfield, praised local residents for contesting the council’s decision, which had received over 500 objections. “This was a hard-fought case by our brave residents. They deeply care about protecting our community and the environmentally important Westridge farmland,” he said. Any funds remaining from the awarded costs will go towards protecting Westridge Farm in the event of further legal challenges.
A spokesman for the developer, Captiva Homes said: “The judgement does not relate to the merits of the housing scheme itself, but rather concerns a procedural legal matter – we are confident the Council is well placed to resolve this swiftly. We remain committed to working with the council to ensure that the much-needed housing at West Acre Park can proceed with minimal delay.”
Meanwhile, the IW Observer reached out to the IW Council two weeks ago for details of costs incurred from the Judicial Review, including legal fees and officer time. As we went to press last night, the council had not responded.