Residents in Frome in Somerset have won a planning battle with the local council over the future of the town centre.
In a ruling handed down yesterday, High Court judge Mr Justice Jay cancelled planning permission granted by Mendip District Council last year to develop a brownfield site called Saxonvale in Frome town centre.
Mendip District Council was abolished earlier this year, so its successor, Somerset Council, must now reconsider the plans.
The council had been working with Acorn Property Group to redevelop the site with up to 300 new homes, shops, a school and an arts venue. However, local residents group Mayday Saxonvale has been promoting a rival plan for around 180 homes, a hotel and spa, primary school, lido and music performance space.
According to the ruling, the rival plans have also divided members of the council.
Local resident Damon Moore brought the High Court action against the council seeking the cancellation of the planning permission. Moore owns the Silk Mill Studios & Gallery, an artists centre in former industrial premises adjacent to the Saxonvale site.
At a hearing earlier this month, a lawyer for Moore argued that the planning permission that the council had granted was in breach of the local pan. Specifically the following section:
“Town centre redevelopments, including Saxonvale and, in the longer term, the Westway centre, (as identified in the Policies Map as CP6C), will collectively deliver:
…
“At least half of the 11,500 sq m of flexible office/studio space requirement… including a permanent site for [a further education building] within the Saxonvale area.”
Lawyers for Moore argued that this meant that at least half of the proposed development should be within the Saxonvale area of the town centre. As the planned development is around 12,000 sq m and Saxonvale is around 4,200 sq m, the development, they argued, was in breach.
Lawyers for the council argued that the part of the policy under challenge should be interpreted as being “high level” and “indicative,” “sketching out” how needs might be met but not specifically allocating space.
In his ruling, the judge said the paragraph was “poorly drafted”.
“It would certainly benefit from the insertion of punctuation.” The second sentence, he pointed out, could imply different outcomes if commas had been used.
On balance, he said, it was more logical for the policy to be that at least 50% of the development should be in Saxonvale.
“Given that Saxonvale comprises at least 80% of the Frome Town Centre Development area, it is hardly surprising that local planners should be insisting that at least half of the 11,850 sq m requirement should be met within Saxonvale,” he said.
As a result, “a combination of a linguistic and purposeful approach has driven me to conclude that the claimants’ case… is correct.”
“This claim for judicial review succeeds. The planning permission granted on 30 August 2022 must be quashed,” he said.
Damon Moore v Somerset Council
Planning Court (Mr Justice Jay) 12 October 2023
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