Insurer Standard Life has failed in its bid to prevent developer Oakhill Group from building a major housing development in Bath.
Oakhill is planning to develop the former Hartwells Garage site in the residential suburb of Newbridge.
The plans, which include purpose-built student accommodation as well as houses and flats, have been met with opposition from local residents and lacked support from Bath and North East Somerset Council.
However in March last year, on appeal, a planning inspector overruled the council and recommended the development.
The plans are now being challenged by insurer Standard Life, which owns an adjacent industrial estate called The Maltings.
According to legal papers, Standard Life argues that the development will significantly change the way an access road is used in the industrial estate, and interfere with businesses operations.
Lawyers for the insurer challenged the planning inspector’s decision in the High Court. Although permission to bring the appeal was initially refused, that was challenged and the case was heard at the Royal Courts of Justice in London in May.
At the hearing, Standard Life argued that the planning inspector’s decision was irrational and made various mistakes in law. However, in a ruling handed down yesterday (19 October), the judge James Strachan KC dismissed all of Standard Life’s arguments.
“Having had very careful regard to all of the many submissions made and the detailed references to the underlying evidence, I am satisfied that the inspector’s decision was not subject to any of the errors alleged,” he said in his ruling.
“I consider that the inspector dealt properly and fairly with all of the claimant’s main objections to the proposed development,” he said.
“The reality of the situation is that he did not agree with the claimant’s points of objection and considered that the concerns were not a proper basis for refusing planning permission. There was nothing irrational in [the planning inspector’s recommendation], nor was any error of law made in reaching that conclusion… I therefore dismiss this claim.”
Standard Life Assurance Ltd v (1) Secretary of State for Levelling- Up, Housing and Communities (2) Bath and North East Somerset Council (3) Oakhill Group Ltd
Planning Court (James Strachan KC sitting as a Deputy Judge of the High Court) 19 October 2022
