High Court ruling helps protect South Downs National Park
December 15, 2022
A High Court battle has been won to save a swathe of agricultural land from development.
East Hampshire District Council’s planning enforcement officers and legal team, working on behalf of the South Downs National Park Authority, successfully applied for an injunction to stop development on Westbury Park, near East Meon.
The farmland was recently bought by property firm HT Land Reading Ltd and split into smaller plots to be sold as ‘amenity land’.
Soon afterwards the council received complaints from residents of increasing levels of activity on the site. Large ‘expedition’ tents were erected, fire pits dug and other wooden structures began to appear on some of the plots.
In a bid to prevent further harm to the area the council sought a temporary pre-emptive injunction, stopping further development.
The team were back in court earlier this December and successfully applied for the injunction to be made permanent.
Cllr Robert Mocatta, EHDC councillor for the area and a National Park Authority Member, said: “This is a very popular decision among the local residents who were worried about what might end up happening to the site.
“This is a very sensitive site, inside the South Downs National Park and it needs to be properly protected.”
The land, at Coombe Lane, was split into 47 plots. The injunction forbids owners to develop their plots without express planning permission.
Many of the new owners were happy to agree not to develop their plots before the hearing. Following the hearing some enforcement notices may be issued requiring owners to remove existing structures.
Tim Slaney, Director of Planning at the National Park Authority, said: “This is a significant win and underlines the importance of being aware of restrictions on land you buy and that it’s vital to apply for planning permission in a treasured landscape that’s been designated for the nation.
“This was a serious infringement of planning rules that was causing local harm and we’re pleased we’ve been able to work with East Hampshire District Council to reach this successful outcome.”