A long-running legal challenge against the 473-home West Acre Park development in Ryde has suffered a decisive blow, with a High Court judge refusing permission for a further judicial review.
In a ruling issued last Thursday (30th April), His Honour Judge Jarman KC dismissed the latest attempt by Greenfields (IOW) Limited to challenge the Isle of Wight Council’s decision to approve the West Acre Park scheme in Elmfield.
The order confirms that permission to apply for judicial review is refused, with the claimant also ordered to pay £6,665 in legal costs to the Isle of Wight Council.
Crucially, the judge rejected all 3 grounds of challenge, repeatedly concluding they were ‘not arguable’. On the central issue of highway contributions, the court found the council’s report had made the position ‘adequately clear’.
A second argument – that the council acted irrationally by not including unknown future legal costs – was also dismissed, with the judge stating the ‘high threshold of irrationality is not arguably met’.
A third claim of procedural unfairness was similarly rejected, with the court noting there was ‘no obligation to consult’.
The latest ruling comes after a long-running legal battle that has already cost Isle of Wight taxpayers more than £150,000, as previously reported by Island Echo.
Opposition to the development has been backed by many, including local councillor Michael Lilley, who is seeking re-election tomorrow (Thursday).
Cllr Lilley is among the locals who have consistently raised concerns about the scheme and supported action against the council’s decision, delaying the building of much-needed housing.
Despite the latest ruling, the future of the case may yet depend on whether the claimant pursues a further hearing. Greenfields can request an oral hearing, but must do so within the next 7 days.
Work is expected to start on site proper within the next few weeks.
These beautiful green fields torn up and lost forever, whilst across the road an old holiday camp goes to ruin. It doesn’t make sense.
More unnesseccary properties.
any news on a new Hospital to cope with the demand
OR ARE PATIENTS GOING TO HAVE TO TRAVEL TO
POMPEY OR SOTON FOR TREATMENT
Oh for Heaven’s sake! There is no fairness here. General and specific Hedges, green land, and wild-life gone. So much for the old description of the Island as the “Garden Isle”.
Welcome to medical appointment delays, traffic delays, expensive waiting times, loss of once- beautiful countryside, general over-crowding, add any adjective you like.
There are so many other options to make housing available.
The old Harcourt Sands in Puckpool
The old Ice Rink Ryde
The old Royal York Hotel Ryde
Ocean Hotel Sandown
Cygnet Hotel Sandown
etc etc, stop building on the countryside.
You are so right etc. etc. etc. and many more etc.
THE MIND BOGGLES
does that clown of a judge live in that area – the island needs less people as its road network and services cannot cope with more and more houses.
the judge is an imbecile
The diggers are already in the field waiting, along with materials. Heartbreaking to see.
Damn right they are ! Medical appointment delays are already here, thank your government.
Traffic is already a problem because of the lack of funding, from the government.
This is old farmland which is no longer used. The island needs housing and infrastructure to sustain a healthy economy.
This will create so many jobs over the coming years which in turn will be reinvested into the island. Youre welcome
They should do what they done years ago at Godshill
with the church.
Move all the materials etc to the old holiday camp
THAT IS WHERE THEY SHOULD BUILD
Lol