THE borough council’s attempt to challenge permission for a 270 home development has been dismissed by the High Court with the decision described as ‘damning’ by the developer.

Basingstoke and Deane Borough Council refused permission in April 2023 for 270 homes in Wash Water, on a patch of land between the A34 and Andover Road, south of Newbury, after hundreds of residents objected to the plans.

Developer Bewley Homes appealed the decision and its Watermill Bridge development was later granted permission by a planning inspector in January following a two-week planning inquiry.

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(Image: Bewley Homes)

However, the borough council decided to challenge this decision by taking the matter to the High Court, saying the inspector’s finding that the proposal complied with the development plan was ‘plainly irrational’.

Now, High Court judge Mr Justice Holgate has concluded that the borough council had no grounds for the appeal and said it had “no legal merit at all”.

He said he was “certain” permission would have been given, regardless of the “putative legal error” alleged by the council.

“His conclusion should come as no surprise,” the judge said, given that the proposal would “cause relatively limited harm”, adding: “The Inspector found that the benefits of the scheme clearly outweighed the harms. He was entitled to reach those conclusions.”

The judge said the council “plainly lost the appeal on the planning merits in a way which cannot be impugned”.

Andrew Brooks, managing director at Bewley Homes, said: “We are delighted with the decision of the high court judge, Mr Justice Holgate, whose conclusions were firm and damning on Basingstoke and Deane Borough Council when he stated that the council’s ‘challenge has no legal merit at all’.

“Watermill Bridge will now provide significant benefits to the local area including 108 affordable homes of different sizes to help towards meeting the needs of over 5,000 families on the local housing register. Furthermore, the scheme includes a convenience store, community centre, healthcare facility and homes for older people providing huge benefit to the wider community.”

He added: “This decision also clearly identifies the failings of the local authority to deliver local housing and the undersupply of housing in this area for so many years. This, coupled with the clear direction by the new Government to build more housing, we hope will give current applications less resistance and be looked at more favourably.”

The development will also include biodiversity benefits including large public open space with a riverside park, ponds, allotments and children’s play spaces.

Cllr Andy Konieczko, cabinet member for planning and infrastructure at the borough council, said: “The council is disappointed with the outcome of the challenge. This means the appeal decision, that overturns the council’s refusal of the planning application, stands and the development at Watermill Bridge is approved.

“Subsequent appeal decisions have confirmed that the Local Plan policies remain up to date and will protect sites that aren’t allocated in the plan from speculative development.”