High Court rejects challenge to planning permission on bowls site

The High Court has rejected a challenge to a district council’s grant of planning permission to develop a bowls club site.

The case of Loader, R (on the application of) v Rother District Council & Ors [2015] EWHC 1877 (Admin) centred on the Gullivers Bowls Club site in Bexhill-on-Sea and a grant of consent for 39 sheltered apartments and replacement bowls club facilities.

The claimant, Anne-Marie Loader, had previously challenged earlier grants of planning permission in the High Court and the Court of Appeal.

The land in question had also been the subject of a dispute over its listing as an Asset of Community Value.

The First-Tier Tribunal ruled in May 2014 that Rother District Council had been correct to list it as an ACV.

In the latest case the claimant advanced three grounds of challenge. These were that Rother had failed to:

1. consult English Heritage and the Victorian Society;

2. properly understand policy in the National Planning Policy Framework and, in particular paragraph 74 (policy applicable to development of recreational open space);

3. take into account the correct designation of the proposed development land as an ACV.

In the High Court Mrs Justice Patterson dismissed the claim.

She said that the claimant had succeeded on the first ground in relation to English Heritage but not in relation to the Victorian Society.

However, the judge said she had no doubt the decision [to grant permission] would have been the same had English Heritage responded on the application. She therefore exercised her discretion not to quash the decision.

The judge also concluded that proper account had been taken of the NPPF policy and the ACV status.

Hugh Flanagan of Francis Taylor Building acted for Rother District Council.