HIGH Court judges have thrown out a property speculator’s appeal against a decision to stop them building almost 200 homes on Bewdley fields.
Gladman Developments were hoping to overturn Government planning inspector Matthew Nunn’s conclusion that Wyre Forest District Council was right to refuse permission for the development on land in Bark Hill.
They argued that Mr Nunn had used the incorrect test in asking the company to demonstrate ‘compelling reasons’ for granting permission.
But, after submitting their appeal in April, the company has been told that their bid to convince the country’s top judges that their plans should be approved has failed.
In refusing permission, Mr Justice Holgate stated that Gladman’s claim is “hopelessly unarguable and bound to fail.”
The news has been greeted with joy from the Bewdley Says No to Gladman (BSNTG) campaign group, Wyre Forest MP Mark Garnier and the district council.
As soon as their plans emerged in August 2016, Gladman faced strong opposition to its proposal. While the company declined to comment directly to the Shuttle, the thinking behind their plan was to address a need for housing in the area. They added 59 of the 195 properties would be classed as “affordable”.
After the council’s planners rejected the application, Gladman took their fight to an eight-day public inquiry heard by the planning inspectorate.
Mr Nunn concluded in favour of the authority and said the development would have an adverse impact on the rural landscape of Bewdley.
Rod Stanczyszyn, chairman of BSNTG, said: “We are delighted that the High Court has refused an appeal lodged by Gladman against the Government's Planning Inspector.
"The Planning Inspector had said no to Gladman and dismissed their appeal.
"Gladman had appealed but this has now been refused - and Mr Justice Holgate's decision to refuse permission for judicial review on the grounds that Gladman's claim is "hopelessly unarguable and bound to fail" is very much welcomed.
“It proves the appeal was an unjustified attack on the landscape and Gladman were just trying to play the system.
“We are pleased that this decision will help protect this valued green landscape.
“Had it been allowed to go ahead, Gladman's proposal would have done very serious damage to the rural character of the locality and the incursion of development into the countryside.
“We have been told that the 800 plus individual letters and emails from the community, expressing strong and well-reasoned objections, was unprecedented.
“So I want to take this opportunity to thank all those from the community in Bewdley and Wyre Forest who have supported the campaign in any way, whether it was written, financial, time, energy or moral.
“We hope that this draws a line under the issue once and for all, and that all community members can now go about enjoying these wonderful fields, and the rare flora and fauna, rather than worrying about their future.”
Councillor Ian Hardiman, Wyre Forest District Council’s Cabinet Member for Planning and Economic Regeneration said: “We warmly welcome the High Court’s refusal of permission for a judicial review and are delighted that once again the conclusions reached by our planning committee have been backed.
“This case highlights that as a council we are not afraid to say “no” to development in the ‘wrong’ place.”
Wyre Forest MP Mark Garnier added: "It is fantastic news that sense has prevailed and Gladmans' proposals are now consigned to the waste bin.
“It is a fabulous outcome for all those hard working campaigners in Bewdley who have been working tirelessly against this.
"However, I am deeply concerned that this situation came about, in part, from confusion over the wider planning process, and in particular how the government has changed processes and targets with more frequency than councils can keep up with.
“Wyre Forest District Council has been very proactive with regard planning, but has been hindered by changes of process beyond their control. This has led to uncertainty for residents in Bewdley and across the district and country.
“That is not acceptable so I am continuing working with WFDC to help them achieve better guidance from the government."
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