Persimmon Homes has suffered a setback in its plan to build 94 new homes as part of a mixed-use retail and community development at Westbury Leigh, Wiltshire.
The High Court has upheld a challenge by local resident Francis Morland to the scheme’s residential segment, which was expanded by Persimmon during the reserved matters stage to include part of a site reserved for district centre use.
Mr Justice Sullivan ruled that Wiltshire council’s decision to validate the expanded housing element was “unlawful”, since it revised allocations made in the master plan accompanying the original outline planning application.
The outline planning consent first granted to Persimmon in March 1998 for the site at Leigh Park provided for a shopping centre, a community centre and a primary school extension, employment uses, residential development and link roads.
However, the reserved matters consent, granted by Wiltshire council in November 2005, allowed for the development of 71 houses with 23 affordable flats.
It effectively reduced the district centre element of the scheme from 4.6 ha to 1.2 ha.
Persimmon defended the change on the ground that the outline permission “defined the broad parameters of the permitted development” but “did not fix the location of residential development or the district centre”.
However, Mr Justice Sullivan said that although minor boundary revisions and highway realignments were within the scope of the master plan, it plainly required district centre community uses rather than residential development to be produced in the designated area.
The ruling means that Persimmon must submit a new outline planning application if it wishes to proceed with its revised scheme.
References: EGi News 17/05/06
