Council launches legal challenge against planning inspector in light of fire that “altered” planning decision

Wiltshire Council has launched a legal challenge against a planning inspector's decision to allow an appeal and grant planning permission for 315 new homes on an old airfield.

The council said it launched the legal action as a fire that took place on the site just a month after the planning inspector’s decision had “altered” the basis for the inspector’s findings.

Old Sarum Airfield Limited applied for planning permission in August 2023, setting out plans to build the homes alongside a mixture of employment, commercial and leisure structures.

The application also included "aviation uses" and plans to build a "flying hub" comprising a control tower, heritage centre, visitor centre, café/restaurant, parachute centre, aviation archives and aircraft hangars.

The inspectorate had previously refused a similar application from Old Sarum Ltd that included plans to build 462 new homes on the site in February 2019.

The council refused the latest outline application in August 2024, raising concerns over highways issues and access to the site.

It also said the project would impact the nearby Old Sarum Scheduled Ancient Monument and its surrounding Conservation Area.

The applicant then decided to appeal against the council's decision, leading to planning inspector Nick Fagan allowing the appeal in a decision handed down in February 2025.

In his decision notice, the inspector said the provision of landscaping, extending and improving the flying hub with a heritage centre, an archive, a café and a new control tower all represented benefits of the scheme.

"And, of course, the provision of 315 new dwellings (25% of which, 79 dwellings, would be affordable) in a Council that can currently deliver only a 2.03-year housing land supply is a substantial benefit of the proposed scheme", the notice added.

He also concluded that the plan was in accord with the council's development plan for the area.

However, only days after the appeal was allowed, a Grade II* listed World War I aircraft hangar on the site, which was central to the appeal decision, was destroyed by fire.

As a result of the fire, the council now argues that the planning inspectorate's decision should be reconsidered.

Cllr Adrian Foster, Cabinet Member for Strategic Planning, Development Management and Housing, said: "The basis on which the decision was made to allow the appeal has altered following the devastating fire to the listed aircraft hangar at Old Sarum Airfield."

"Following legal advice, in light of the unusual circumstances surrounding this case, we have taken the decision to launch a legal challenge against the Planning Inspector's decision."

"We have applied to the court to challenge the decision and we now wait to hear whether it will proceed to hearing."

Adam Carey