Gladman abandons its challenge to the Winslow Neighbourhood Plan
We have just been informed by A.V.D.C. that not only is Gladman no longer pursuing its judicial review proceedings against the Secretary of State’s appeal decision on the Glebe Farm development, but also it has now withdrawn from the Court of Appeal proceedings against the legality of the Winslow Neighbourhood Plan (WNP).
That is very good news for the local community and the WNP and means that the WNP will have full force in the consideration of all future Planning Applications in our area.
A.V.D.C. will now be pursuing the costs of its legal expenses in defending those actions, where permitted – so let’s hope that Gladman will get heavily hit in its pocket!!
We are still awaiting sight of the formal document confirming Gladman’s withdrawal of its legal challenges, but once received the “partying” can really start!
Many thanks to all of you who have given us your support – practical, financial or emotional – it just shows that determined, organised, local resistance can triumph over the corporate muscle of companies such as Gladman.
Glebe Farm Appeal abandoned!
Gladman Developments has abandoned its appeal against the decision to refuse planning permission for 211 houses on land at Glebe Farm, Verney Road.
The application was refused permission by AVDC but Gladman appealed; the Planning Inspector’s recommendation to approve was overturned by the Secretary of State (SoS) to whom it had been referred as the application conflicted with the Winslow Neighbourhood Plan. Gladman then decided to challenge the decision by the SoS in the High Court. We have heard recently that Gladman has abandoned this High Court appeal.
Commenting on the move by Gladman Cllr. Llew Monger, who represented Winslow at the planning appeal, said, ‘This decision proves the value of our Neighbourhood Plan which allows for ample housing on sites acceptable to the community but protects those sites which are outside the Winslow Settlement Boundary’.
There remains an outstanding Appeal Court hearing at which Gladman are challenging the outcome of a Judicial Review of the making of the Neighbourhood Plan. For further details, see item below.
Secretary of State dismisses Little Horwood Road Appeal
The Appeal by Gladman into AVDC's refusal to grant planning permission was heard last year but the Secretary of State (S.o.S.), Eric Pickles, “recovered” the decision; that meant that the Planning Inspector made a recommended view but that the S.o.S. would make the final decision. The S.o.S. has agreed with the Inspector that the Appeal should be dismissed.
While the S.o.S. noted the ongoing legal proceedings against the WNP he nevertheless decided that it would not be appropriate to delay the decision on this Planning Application. Basically the Appeal has been dismissed because “the adverse impacts would significantly and demonstrably outweigh” the benefits of the proposed additional housing – despite the fact that AVDC has been unable to demonstrate a “5 year housing land supply” figure. He agreed that LHR formed “the most obvious and logical boundary” to Winslow and noted “the potential consequences in terms of coalescence with” Shipton. The S.o.S. recognised the importance of the Winslow Settlement Boundary (WSB) to the WNP and considered “that granting planning permission would undermine the spatial strategy” of the WNP; this represents strong support for the WNP itself.
Gladman petitions Court of Appeal
Despite the Judge rejecting Gladman’s initial request for leave to appeal to the Court of Appeal, Gladman has nevertheless decided to pursue the legal process. As expected, it has petitioned the Court of Appeal directly to review the High Court judge's decision that the WNP plan-making process was lawful.
Essentially Gladman says that the 'learned judge' was wrong on every count at Judicial Review; it is seeking the appeal hearing for the benefit of everyone else involved in Neighbourhood Plan making because “clarity” is required.
Indeed, in refusing Gladman’s request for leave to appeal, Justice Lewis said “This case involves the construction of 3 statutory provisions ….. The interpretation is clear and there is no prospect of an appeal succeeding on facts.” We take the view that the Hon Mr. Justice Lewis’ decision and reasoning could not be clearer!!
UPDATED 1 MARCH : Regrettably, Gladman has been given permission by the Court of Appeal to appeal against Judge Lewis' decision. While the Court of Appeal accepted that Judge Lewis’ judgement was “both impressive and highly persuasive” nevertheless it believes that the issues (governing the inter-relationship between Neighbourhood and Local Development plans) should be fully argued as they are of considerable national importance. We understand that the Court of Appeal will probably not hear the appeal until sometime in the autumn.
High Court supports Winslow Neighbourhood Plan
A great early Xmas present for the residents of Winslow!! Gladman lost yet another High Court action when they challenged the legality of our plan-making process. The judge, the Hon Justice Clive Lewis, found in favour of the residents of Winslow when he dismissed Gladman Ltd’s claim for Judicial Review.
Despite his judgement not being expected before Christmas, it was handed down on Thursday, 18 December 2014.
And for good measure Justice Lewis made a costs award against Gladman, who must also pay AVDC’s costs in defending this claim; it is estimated that Gladman may have to pay more than £100,000 in total costs for the Court hearing.
That now makes the score: WINSLOW 10 – 0 GLADMAN in our ongoing fight – click here for further details.
Gladman applied for leave to appeal to the Court of Appeal, but this was rejected by Mr Justice Lewis. They could still petition the Court of Appeal directly though.