A campaigner has failed for the second time to block Persimmon Homes from building a controversial £89m housing and leisure scheme in
Only two weeks after the Court of Appeal allowed the housebuilder’s appeal against a High Court decision to quash the planning permission that
The Coatham Links scheme will comprise 200 flats, 140 houses and a leisure complex on a 35-acre seafront site situated to the west of
Lewis, whose home backs onto the site of the former golf course, objects to the scheme and is concerned about its effect upon local bird populations.
Accordingly, he asked the High Court to quash the council’s decision to refuse to register part of the site as a town or village green on the grounds that the local community had made recreational use of the land for many years.
The council’s original decision had been based on that of a planning inspector who had recommended refusal on the basis that, while the land had been used by both golfers and local inhabitants for many years, the locals had paid “overwhelming deference” to the golfers and that consequently the latter had no rights over the land.
Lawyers for Lewis argued that the council erred in its conclusion on “deference”, particularly in the light of the evidence which had been given by local inhabitants at the public inquiry.
Dismissing the application, Mr Justice Sullivan held that it had been reasonably open to the inspector, and also to the council, to have concluded that over the years local inhabitants had paid “overwhelming deference” to golfers.
