"A Historic Victory For Ordinary People": West Acre Park Permission 'Unlawful'

The second highest court in the land has found the granting of planning permission for a major Isle of Wight development “unlawful”, in what has been described as a “historic victory for ordinary people”.

Although planning permission for the 473-house West Acre Park development in Ryde still stands currently, the Court of Appeal outlined a ‘provisional view’ that County Hall’s consent should be ‘quashed’.

Elmfield group Greenfields (IOW) Ltd appealed Judge Jarman’s dismissal of its case against the Isle of Wight Council in an Administrative Court ruling made in August last year.

In a 29-page judgement, Lord Justices Singh and Lewis said the council’s approval of the development was unlawful on ground one of Greenfield’s appeal case – the authority failed to publish a section 106 planning obligation prior to its permission.

The appeal’s three other grounds were not allowed.

The “historic” case, relating to land at the 200-year-old Westridge Farm, was heard at the Royal Courts of Justice in London on Tuesday and Wednesday last week.

Councillor Michael Lilley, representative for Ryde Appley and Elmfield, said:

“I have supported my residents for many years in their fight against the planning application to build 473 houses on historic farmland.

“They solidly believed that there were flaws in the process and were courageous in challenging the Isle of Wight Council

“It costs huge amounts of money to seek judicial review and justice for lay people but my residents showed it was possible through crowdfunding with over 500 residents contributing.

“It is a historic victory for ordinary people who just want fairness and transparency.

“They and I believed and believe that this proposed development does not have the road infrastructure to sustain it and that this important nature corridor was not suitable for housing.”

The Isle of Wight Council has been contacted for comment.