Judge quashes planning permission for former Beaverbrook estate

A decision by a district council to grant planning permission for an exclusive golf and hotel development in the Surrey Hills has been quashed by a High Court judge.

Mole Valley District Council granted planning permission on 21 September 2012 to Longshot Cherkley Court Limited to develop Cherkley Court and Cherkley Estate, near Leatherhead.

Cherkley Court is a Grade II listed French chateau style property that dates back to 1894. It was, until recently, the country home of the Beaverbrook family. The estate comprises 380 acres.

Mr Justice Haddon-Cave upheld the challenge by the claimants, Cherkley Campaign Limited, on three grounds:

• A failure to demonstrate ‘need’ for further golf facilities in breach of Policy REC12 in Mole Valley’s local plan: “….the council majority erred in law in that (i) they they misunderstood the meaning of ‘need’ or failed to direct themselves correctly as to its meaning; (ii) there was no evidence upon which they could rationally come to the conclusion that the requirement to demonstrate a ‘need’ for further golf facilities had been satisfied; and (iii), in any event, in so far as one can understand the reasons, the decision was perverse”;
• Breach of policies on protected landscape: “first, in my judgment, the council majority failed to consider whether there were ‘exceptional circumstances’ or ‘public interest’ reasons justifying allowing this development to take place in the protected landscape of the Surrey Hills AONB [Area of Outstanding National Beauty] and AGLV [Area of Great Landscape Value] and therefore, failed to comply with paragraph 116 of the NPPF [National Planning Policy Framework] ground. Second, the council majority’s conclusion that the overall landscape character 'would not be compromised' by the imposition of a golf course on the Surrey Hills AONB and AGLV was perverse. Third, the council majority failed to have regard to the policy of aim of ‘conserving and enhancing the existing landscape’ in breach of Paragraph [C] of Policy REC12. Fourth, the council majority failed to consider whether this proposed new golf course could and should be ‘be directed away’ to a less sensitive area”;
• There had been a breach of Green Belt policy requirements: “The council majority at best paid lip-service to the Green Belt policy but did not apply it. The council majority failed to take a proper policy-compliant approach to Green Belt considerations."

On the failure to demonstrate a need for further golf facilities, the judge said at the outset of his judgment: “Much of the legal argument revolved around whether a ‘need’ for further golfing facilities could be demonstrated as required by the policy matrix. The developers argued that proof of private ‘demand’ for exclusive golf facilities equated to ‘need’.

“This proposition is fallacious. The golden thread of public interest is woven through the lexicon of planning law, including into the word ‘need’. Pure private ‘demand’ is antithetical to public ‘need’, particularly very exclusive private demand. Once this is understood, the case answers itself. The more exclusive the golf club, the less public need is demonstrated. It is a zero sum game.”

The judge rejected the other grounds of challenge: the adequacy of water resources; and a failure to take into account a 2010 agreement regarding properties known as the ‘Glass House Cottages’.

Mr Justice Haddon-Cave concluded that the grant of permission was “variously legally flawed, contrary to planning policy, failed to take into account of material considerations, irrational and the reasons given for it were inadequate”.

Cllr John Northcott, Mole Valley's portfolio holder for planning, told the BBC: "Mole Valley District Council vigorously defended its handling of this planning application and we are very disappointed that the challenge has been upheld.

"This application was the most complex in the council's history and, given the decision, we will now need to take time to consider what our next steps will be and the impact this will have."