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Hopes to save greenfield land from developers have been dealt a blow after the Welsh Government backed down in a legal fight with housebuilder Persimmon.
A judicial review hearing had been planned for Monday, July 5, in an effort to overturn the Welsh Government’s refusal to allow 300 homes to be built in Grove Park, near Cefn Fforest.
The original planning application was recommended for approval by Caerphilly Council planners, but in October 2018 councillors rejected the proposal following strong local opposition.
This prompted Persimmon to lodge an appeal. Several decision deadlines were missed by the Welsh Government, but then Minister for Housing and Local Government Julie James MS finally rejected the plans in October last year.
The Planning Inspectorate report had recommended for the appeal to go ahead, but the housing minister disagreed.
Mrs James pointed out that there was a nearby brownfield site in Aberbargoed earmarked for housing in the council’s Local Development Plan that had yet to be built on.
Persimmon, in their legal filing to the High Court, argued that the site was undeliverable and that the Planning Inspectorate report highlighted this.
However, before the case was due to be heard, the Welsh Government conceded defeat. This means the decision by the Welsh Government to stop the 300 homes from being built has been quashed.
What is a judicial review?
Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body.
In other words, judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached.
It is not really concerned with the conclusions of that process and whether those were ‘right’, as long as the right procedures have been followed. The court will not substitute what it thinks is the ‘correct’ decision.
This may mean that the public body will be able to make the same decision again, so long as it does so in a lawful way.
Source: https://www.judiciary.uk/you-and-the-judiciary/judicial-review/
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What next?
With the appeal decision quashed, it is again up to the Welsh Government’s Julie James, who is now Minister for Climate Change and whose brief planning now falls under, to decide on the appeal.
Considering the Welsh Government decided not to fight Persimmon’s judicial review, the likelihood is the minister will agree with the Planning Inspector’s report and allow the development.
There is a chance, however it is a remote one, that the Welsh Government might once again go against the recommendation of the Planning Inspector and stop the development.
What’s the reaction been?
Blackwood’s three independent councillors Nigel Dix, Kevin Etheridge, and Andrew Farina-Childs, have all been campaigning on behalf of residents opposed to the development.
Cllr Dix said: “Residents and ward colleagues have worked tirelessly to save the fields surrounding Grove Park farm being developed – fields that provide a habit for wildlife, and recreation for residents.
“It will now be up to Welsh Government to decide again.
“I am appealing to Welsh Government to do the right thing and support the residents of Blackwood who have fought so hard to protect their environment from development.”
Fellow ward councillor Andrew Farina-Childs added: “The Welsh Government has rolled over like a little puppy dog despite the protests and concerns raised by residents and local councillors.
“We hope they will re-evaluate this decision.”
Asked whether Persimmon was still interested in building on the site, a Persimmon spokesman said: “We believe this development will deliver much-needed affordable housing as well as new jobs to the local area. We will now await the Minister’s decision on the outcome of our appeal.”
Asked why the case was conceded before it reached a full hearing, the Welsh Government declined to comment.
An earlier version of this article incorrectly stated that Minister for Local Government Rebecca Evans MS would be making the new decision.
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