West Acre Park Application Progresses Following Legal Decision

The proposed West Acre Park development in Ryde has reached a new stage following a recent decision by the Court of Appeal.

Last month the court upheld an appeal by Greenfields (IOW) Ltd on a single procedural point.

The court found that the Isle of Wight Council had acted unlawfully by failing to publish a key draft legal agreement — known as a Section 106 agreement — before granting planning permission in August 2023.

As a result, the planning permission has now been officially quashed. However, the planning application itself remains live and valid and is once again under consideration by the council.

The court dismissed three other grounds of appeal, including claims of bias and procedural irregularities.

The ruling means the application will now return to the local authority’s Planning Committee for fresh determination.

A spokesperson for the council confirmed that the application has been reclassified as “under consideration” on the planning portal and that a fresh application does not need to be made.

A revised draft Section 106 agreement will be published shortly, and people will have the opportunity to comment on it.

The developer is currently reviewing its original submission to ensure it aligns with current planning policy.

Council officers will also assess whether any new or updated information is required before the application is brought back to committee.

If there is new or updated information, or the developer proposes any changes, these will be available to view on the planning website and comments can be submitted to the local planning authority.

Once ready, the application will return to the Planning Committee (which is made up of elected councillors) in the form of an update paper. This update paper will include previous reports and an officer recommendation.

The committee may choose to revisit the entire application or focus only on any material changes since the last decision.

The site remains a proposed allocation in the draft Island Planning Strategy.

Planning inspectors have acknowledged the court’s ruling but have not requested the site be removed from the draft plan.

No date has yet been set for the application’s return to committee, but officers say it will be brought forward at the earliest opportunity.