District appeals quashing of planning permission for Beaverbrook estate

A district council and the developers behind an exclusive golf and hotel development on the former Beaverbrook estate are to appeal a High Court ruling that the grant of planning permission should be quashed.

In August Mr Justice Haddon-Cave upheld a challenge by Cherkley Campaign Ltd to Mole Valley District Council’s decision in September 2012 to grant planning permission to Longshot Cherkley Court.

The property at the heart of the dispute, Cherkley Court, is Grade II listed and in a French chateau style. Located in the Surrey Hills, it dates back to 1894 and was until recently the country home of the Beaverbrook family.

Mr Justice Haddon-Cave upheld the campaigners’ challenge on three grounds:

• A failure to demonstrate ‘need’ for further golf facilities in breach of a policy in Mole Valley’s local plan;
• Breach of policies on protected landscape;
• Breach of Green Belt policy requirements.

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.”

Both Longshot Cherkley Court and Mole Valley have made an application for leave to appeal.

The council’s chief executive, Yvonne Rees, said: "After carefully reviewing the decision documents and having taken external legal advice, Mole Valley District Council considers that the judge’s decision is flawed and will make an application to the Court of Appeal for permission to appeal.

"Work on the site has been suspended whilst the appeal process is followed, which may take several months."

The developers meanwhile claimed that Mr Justice Haddon-Cave’s decision was “seriously flawed”.

Tim Hellier, Head of Planning at Berwin Leighton Paisner (Longshot’s lawyers), said: “We feel entirely let down by the judicial system. Our legal team, including the country's leading planning QC, remain of the view that the decision of Mole Valley District Council to grant planning permission is robust, lawful and correct.'

Christopher Katkowski QC of Landmark Chambers added: “I am strongly of the view that the judge has reached a flawed decision here. I am confident that the Court of Appeal would overturn the decision.”

Joel Cadbury, founder of Longshot, said the developer remained committed to its vision for the whole estate.

“Our overall plan remains unchanged, we are determined to fulfil the commitments made in our original planning application, which included on-going public access, 190 new jobs and the building of a world class facility,” he said.

“I believe that we have demonstrated, with the works carried out to date, that our commitment to quality and our promises on the environment will be fulfilled.”