Local people parish power throws controversial housing on edge of Midsomer Norton out of Mendip Plan

By Susie Watkins 28th Dec 2022

Seeing red? Maybe not for this development on the Midsomer Norton border
Seeing red? Maybe not for this development on the Midsomer Norton border

The unlikely muscle of Norton St Philip parish council has taken on Mendip and the result is that housing developments in their town, and one of the edge of Midsomer Norton, have been thrown out.

The council won a judicial review into Mendip's plan for allocating housing, arguing that it was not spread evenly across the district.

Specifically it was the additional 500 homes ordered by a revision of that plan.

Three sites on the edge of Midsomer Norton were earmarked for 455 dwellings, specifically one already causing big controversy at Underhill, with allocations of 27 at Norton St. Philip and 28 in Beckington.

Norton St Philip argued that this was unfair and illegal to allocate homes like this, concentrating housing on smaller places which would be unduly impacted. Now a judge has ruled that the plan itself needs to be reconsidered, which may mean that those additional homes will be put into towns like Frome and Shepton Mallet.

Norton St Philip has outlined what the ruling adding that they were 'delighted'.

The decision : The detail

My fellow councillors and I are absolutely delighted that the High Court has found in the Parish Council's favour in the Statutory Review into the adoption by Mendip District Council of Local Plan Part II. In the judgment of 16th December 2022 the Hon. Justice Holgate – the leading planning judge for England - found that the two main grounds of appeal by Norton St Philip Parish Council against the decision by Mendip District Council to adopt its Local Plan must be upheld.

The Judge summarised the basis for upholding those grounds as follows:

Ground 1 – Misinterpretation of the LPP1 by considering that it required an additional 505 dwellings to be allocated in the north-east of the district through LPP2; or, at the very least, set a 'strategic expectation' that required primary consideration to be given to allocations within this location.

Regarding Ground 1 Mr Justice Holgate stated that 'I am left in no doubt that the inspector who examined LPP2 misinterpreted LPP1' and 'in my judgment the legal errors I have identified above are sufficient for this claim to be allowed under ground 1'. Also, 'At no stage did MDC disagree with the inspector's interpretation of LPP1 or of the 2014 report….

For this additional reason, MDC's decision to adopt LPP2 with the five policy allocations under challenge was unlawful'.

Ground 2 – In breach of regulation 12 (2) (2) of the 2004 regulations, failure to consider any reasonable alternatives to allocating the additional 505 dwellings within the north-east of the District through the sustainability appraisal.

Regarding Ground 2 Mr Justice Holgate stated that, 'MDC misinterpreted LPP1 and the 2014 report. That self-misdirection applied from the stage when the inspector issued draft MM5 and his Interim Note through to the adoption of LPP2. It is clear that that error of law materially influenced MDC's decision not to consider in the SEA process sites outside the north/north-east of the District.

It comes down to the law - hit delete

Accordingly, that decision was unlawful'. The Judge made clear his view that Mendip DC could have sought further justification from the Inspector for his proposed approach and that had the Inspector's view 'remained unchanged, MDC could have considered applying for judicial review to seek an urgent ruling from the High Court on the correct interpretation of LPP1. Instead, it accepted the Inspector's incorrect interpretation of LPP1'.

For these reasons, the High Court has ordered that the allocated housing sites in Norton St Philip, Beckington and next to Midsomer Norton and Radstock are now deleted from LPP2 and do not form part of the adopted development plan for the area. The rest of LPP2 remains unaffected. "

Mendip Council will also have to pay their own legal costs as well as those from Norton St Philip - those are put at £35,000

Underhill Lane development - 60 homes planned

Cllr Sean Hughes of B&NES told Nub News : " Our Planning Team have advised that parts of the Mendip Local Plan have been quashed as the result of a legal challenge brought by Norton St Philip Parish Council. The quashed policies relate to the housing allocations on the edge of our Somer Valley Towns. The quashing of these sites from their Local Plan does not necessarily mean these are inappropriate development sites but that the process for allocating them was flawed. 

"The housing is due to be considered by the Mendip DC Planning Board on 18th January. Mendip is not inviting any further comments on these planning applications but if you wish to submit your concerns to Mendip about the harm that will be caused by development in these locations you can email as follows: Mendip Head of Planning Julie_reader-sullivan@mendip.gov.uk "

As for Norton St Philip? A big decision and big thank you's

They said: "Bringing a Statutory Review against our own District Council has been no small undertaking for our Parish Council, especially as the Secretary of State and two major housing developers were interested parties in the case, but the Judge's decision indicates the consistent approach which we have taken throughout the LPP2 examination process and the court proceedings.

This action could not have been brought by the Parish Council unless it had the consistent backing of its residents who understood the importance of the Parish Council launching this legal challenge against the District Council's decision. I wish to thank them for their unstinting support. We are also greatly indebted to our legal advisor, Tobias Shaw Paul of DLP Piper LLP, who has represented us at the second LPP2 hearings and at the Judicial Review. His professional expertise has been invaluable. NSP PC now wishes to concentrate on working with the District Council and the new Unitary Authority in progressing the draft Neighbourhood Plan to referendum and looks forward to collaborating with them on that process.

Cllr Ian Hasell Chairman Norton St Philip Parish Council

The three plans now under review, which can be seen on the Mendip planning site:

2021/1480/OTS (270 dwellings) For this site there is a s106 agreement being prepared. It has been indicated that the application is due to be presented and decided at the Mendip DC Planning Board on 18th January.

2022/1427/FUL (60 dwellings) Land At Underhill Lane Ston Easton Radstock

2022/0614/OUT (190 dwellings)

     

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