Measures are already in place to ensure a procedural failure, that led to defeat in a lengthy court battle over the 473-home West Acre Park development, does not happen again, the Isle of Wight Council has said.
County Hall has set out its position following the Court of Appeal’s order to quash the local authority’s August 2023 planning permission for the West Acre Park in Ryde.
The order comes after Lord Justices Singh and Lewis’s 29-page judgement last month which found the consent ‘unlawful’.
They allowed Ground 1 of appellant Greenfields (IOW) Ltd’s case – the council failed to publish a Section 106 planning obligation prior to its permission.
A council spokesperson has said:
“In its ruling, the court has quashed the planning permission on a single procedural failure and has declared that the planning committee’s resolution to grant planning permission on April 25, 2023, is “valid and lawful”.
“The council respects the courts’ decision and is pleased that the other three grounds of the appeal were dismissed. Additionally, there was no criticism of the planning judgments made by officers or the Planning Committee in reaching the decision to grant planning permission.
“The Judicial Review was originally made on five grounds which were all refused in the High Court.
Article continues below this advertisement “The local planning authority (LPA) will need to carefully consider what the order means for the next steps for the application.
“The LPA has already put measures in place to make sure that this procedural failure does not happen again.”
The developer behind the application, Captiva Homes, has said it remains committed to working with the council to ensure that the much-needed housing for Island residents at West Acre Park can proceed with minimal delay.
“much-needed housing for Island residents”, so they will not sell any to mainlanders? Whatever.
Majority of the island are mainland residents,
many have moved to the island and had children
on the island.
So they now realise their procedures were not up to scratch. Diddums to them. Power to the ordinary people.
Why does the Island need new homes!!
There are so many derelict eyesores that could be
renovated and used to house people, not to mention
all the UNSOLD homes for sale on the island.
The comment here are beyond belief.
Don’t sell to mainlander? Most new houses are bought my Islanders.
Why do we have build new homes? Because the Labour government ordered the Council to do so!
Im sure some Islanders live in their own bubble without a clue what’s happening in the real world.
The island does not need new homes, you are correct
it’s being forced on IW Council by the Government.
Why not build on Harcourt Sands another developer has been “demolishing” this site for 16 years 500 yards from where Captiva Homes wish to build on a greenfield site the whole thing is ridiculous