The second highest court in the land has ruled in favour of campaigners opposing the 473-home West Acre Park development in Ryde – but Island Echo understands the development will still proceed, despite the legal victory.
Following a hearing at the Royal Courts of Justice in London earlier this month, the Court of Appeal found that the Isle of Wight Council’s granting of planning permission for the housing estate at Westridge Farm was ‘unlawful’ on procedural grounds.
The judgment, delivered by Lord Justices Singh and Lewis on 16th April, concluded that County Hall failed to publish a Section 106 planning obligation before granting consent. This led the court to uphold the appeal brought by local campaign group Greenfields (IOW) Ltd, which will also receive 75% of its legal costs.
However, while there has been celebration from campaigners, Island Echo understands that even though the permission has now been formally quashed, it now only needs the Council to reissue its approval, without needing to revisit the planning committee or reassess the development itself – a move that could happen within weeks.
Local councillor Michael Lilley (Ryde Appley and Elmfield) said:
“It is hard to find the words to describe my emotions. It has been a hard fight by my courageous and brave residents.
“This controversial planning application had over 500 objections and over 5,000 signatures on a petition which were all residents’ voices which were not listened to.
“Over 500 residents contributed to raise the funds through a crowdfunding site to fight this case and the belief in their case against the Isle of Wight Council and developers remained strong even when the High Court ruled against them last year.
Article continues below this advertisement “They and I deeply care about our community, Ryde Appley and Elmfield, and the historic and environmentally important Westridge farmland.”
A spokesperson for Greenfields has said:
“This case was initially borne out of a disregard by the council as to how a planning application should be approached, however after four years of legal wrangling through the courts, it morphed into something much more serious: the council’s seeming determination to ignore the views of its residents.
“We are grateful that the Court of Appeal agrees with us that due process matters, and we have won this case on its most important ground.
“When costs have finally been recouped, they will go towards legal fees as detailed in the court costs schedule. Any residue will be utilised to protect the land and the green fields which are the subject of this crowdfunding campaign in the form of any future legal action which is deemed wholly necessary.”
A Captiva Homes spokesperson has said:
“We acknowledge the order handed down by the Court of Appeal in the case of Greenfields (IOW) Limited v Isle of Wight Council and are pleased that it recognises and upholds the resolution to grant planning permission at the April 2023 planning committee.
“We are reassured that the judgement does not relate to the merits of the housing scheme itself, but rather concerns a procedural legal matter — a technical point we are confident the Isle of Wight Council is well placed to resolve swiftly.
“We remain 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.”
Typically the council approve this as Jordan and Co need to keep the council tax flowing in to fill the pensions pots. Sod the locals once again from this sick council. Captiva are even worse, crappy housing for people, tiny windows, built to non standard standards. Lego for untrained building firms.
So not only do we have democracy denied on the Island this week, we also have developers and a council that can over rule courts?
There is something seriously wrong in this country. Are we truly now living in something approaching a dictatorship where the people have no say.
There is only one answer, and it happened before in the USA. No taxation without representation. Its time the Islanders were listened to!
Unfortunately Jordan sould have got the boot today……..
It’s because the Government controls all these areas
Planning, councils etc etc.
What they want to happen will happen and when it suits
they even compulsory purchase persons homes.
People think they live in a democracy and have rights
YOU HAVE NO RIGHTS!
If the council wanted to compulsory purchase any ones home
to suit their needs THEY WOULD
People don’t own their own castles, they only think they do.
Keep dreaming folks!
Some people will never learn!
If they approve this application there is no hope for the island
You are spot on, the island is becoming
like Sommerstown and Fratton of Pompey.
It’s not looking good.