Developers behind the proposed West Acre Park in Ryde have told Island Echo they remain committed to progressing the scheme ‘with minimal delay’, following a preliminary Court of Appeal ruling that found the Isle of Wight Council acted unlawfully in granting planning permission for 473 homes.
While the Court has found that the Council failed to comply with legal requirements around publishing the Section 106 agreement, the judgment is not yet final. The parties involved have now been invited to submit comments before the Court confirms whether or not planning permission will be formally quashed.
The ruling, published on Wednesday (17th April), overturns last year’s High Court decision and centres on the Council’s failure to publish a key planning document before issuing permission in August 2023. The document in question, a Section 106 agreement, set out a £406,359 developer contribution toward highway improvements at Westridge Cross and the Great Preston Road/Smallbrook Lane junction.
Greenfields (IOW) Ltd, representing concerned residents, argued that the planning process lacked transparency. Although the Court found in their favour on that specific legal issue, it dismissed 3 other grounds raised in the appeal – including allegations of bias and claims that planning officers misled the committee.
There has been celebration from protestors, but they may need to put the champagne on hold… Island Echo understands it is entirely possible that the Court will not quash the planning permission. Even if it did, the preliminary judgment focuses solely on the final approval process rather than the planning committee’s deliberations and decision-making or the merits of the housing development itself.
If permission is quashed, it will simply be a paperwork exercise to re-grant permission, without the need for the whole application to be resubmitted. This could happen within weeks.
A spokesperson for Captiva, the developers behind the scheme, has said:
“We acknowledge the preliminary judgment handed down by the Court of Appeal in the case of Greenfields (IOW) Limited v Isle of Wight Council.
Article continues below this advertisement “We are reassured that the preliminary judgment does not relate to the merits of the housing scheme itself, but instead concerns a legal procedural point on a technical matter – one we hope the Isle of Wight Council is well placed to resolve quickly.
“We remain committed to working with the Council to ensure that much-needed housing for Island residents at West Acre Park can move forward with minimal delay.”
A spokesperson for the Isle of Wight Council has said:
“The council respects the Court of Appeal’s decision regarding the appeal brought by Greenfields (IOW) Ltd. The appeal was successful on Ground 1 only, which argued that the grant of planning permission was unlawful due to the procedural failure to publish the section 106 agreement before granting planning permission.
“The appeals on all other grounds were dismissed. In dismissing appeals on all other grounds, the Court of Appeal provided a very welcome clarification that the council lawfully resolved to grant planning permission at the meeting of the Planning Committee on 25 April 2023, the resolution remaining unaffected by the court’s finding on Ground 1.
“Although the judgment has been handed down, the appeal has been adjourned to allow the parties to provide short written submissions. This effectively gives both parties the opportunity to suggest the next steps to the Judges.
“At the appropriate time, following the conclusion of this process, the council will make a fuller statement”.
How much will this procedural oversight have cost the council in legal fees? How much of applicants costs will they be liable for? Still, it is good to know that the developers “remain committed to working with the Council to ensure that much-needed housing for Island residents” .
I don’t believe in todays economic climate many
young island residents are looking to buy overpriced
properties, unless these homes are all for social housing and
are on offer for reduced rents, rather than paying extortionate
private landlords.
Thesedays the majority of youngsters are living back with their
parents to get by.
I have always wondered how many homeowners swing the
lead and pay single person council tax bills claiming they
live alone.
I suppose it’s one way people beat the ridiculous
council tax increases.
Lol
Another ridiculous island idea.
There is the old Appley holiday site, the old ice rink
the old hotel in George Street, Ryde, not to mention
all the abandoned hotels in Sandown and the old
esplanade hotel in Shanklin that could be turned into
homes.
Who actually will fill the 473 homes, are they all
for social housing or are the properties being built for
2nd homeowners!
Nice to see that Captiva Homes did not wait for the court’s rulling and ripped up most of the hedgerow along Appley Road on the 2nd April and left it lying in the field along with ghastly fences with no information or warnings
So many companies are lawless, that’s the beauty
of them having friends in the right places.
When are the idiots in town hall going to realise that the majority of the island don’t want massive housing estates dumped on them just for receipts of council tax.
I can only imagine in the pipeline they will be moving
thousands of families to the island.