West Berkshire Council loses Firlands Farm challenge

Fears that floodgates for development have been opened

FEARS have been raised that the floodgates for development across the district may have been opened after West Berkshire Council lost a high court challenge this week.

The council launched a claim in the High Court of Justice last year; challenging the Planning Inspectorate’s decision to grant permission for 90 homes at Firlands Farm, Burghfield Common.

The government-appointed inspector ruled that the council’s housing strategy and figures were out of date as it had not updated its plan while the appeal was being heard.

The council launched a judicial review of the appeal, saying that it had left it in a prejudicial position over future housing sites.

However, the council’s challenge has been left in tatters after Mr Justice Supperstone ruled on Tuesday that the inspector was right.

The council said it was disappointed with the decision and that planning officers would make their decisions based on the latest evidence.

West Berkshire’s member for planning, Alan Law (Con, Basildon), said: “The council has reviewed this judgement and we’re disappointed about its impact on Burghfield Common.”

“However, the good news is the judgment also highlights the need for our current up-to-date Housing Allocation Plan, which is in place to protect all communities from a planning free-for-all and to ensure that developers are not given a free reign on West Berkshire’s countryside.”

Mr Law added: “Our legal advice is that this decision does not affect current or future planning applications.”

The leader of the council’s Liberal Democrat opposition, Alan Macro (Theale), said he feared the floodgates for development had been opened.

Referring to developers appealing against the council refusing their plans in Donnington and Siege Cross in Thatcham, Mr Macro said: “It sounds like very bad news... all of these are now much more likely to go ahead.

“I really hope that the council is right in saying that… but I suspect that developers, I’m sure, are all going to argue differently, which will make life difficult for the council and local residents.”

“People need homes but we need to be able to sensibly control things.

“The floodgates could have been opened. I’m hoping not but they could well be.”