A Hampshire developer has failed in its bid to block the neighbourhood plan of the village of Hook, near Basingstoke.
Wilbur Developments had been seeking a judicial review of the plan, which was adopted following a local referendum in October 2019. However, the case, which went to trial last month, was dismissed today (11 February 2020) in a ruling handed down by planning judge Mrs Justice Lang.
According to the ruling, Wilbur Developments was set up with the purpose of promoting the development of a site called Owen’s Farm between Newnham and Hook.
However, one of the polices in Hook’s neighbourhood plan, which was drawn up by the parish council, is to “maintain the gap between Hook and Newnham”.
While the two villages are close to each other, the plan seeks to ensure that a band of countryside remains between them.
According to the ruling, that policy isn’t guaranteed to be a feature of the local plan, which covers a wider area than the neighbourhood plan and is drawn up by the district council.
During the trial, Wilbur argued that parts of the neighbourhood plan didn’t comply with other local and national planning policies, claiming it was inconsistent with the local plan, which is still being drawn up.
However, Lang J disagreed. She said there had been no errors of law.
“The statutory scheme does not require that the neighbourhood plan should be in general conformity with the policies in an emerging local plan,” she said in her ruling.
She dismissed the claim on all of its grounds.
R (on the application of Wilbur Developments Ltd) v Hart District Council and Hook Parish Council
Planning Court (Lang J) 11 Feb 2020
