‘Garden grabbing’ plan to create new housing in Solihull quashed by court

A decision by Solihull Council planners to approve a controversial “garden-grabbing” scheme has been overturned by the courts.

It was revealed last week that planning permission for the housing development in Alderbrook Road had been quashed, following a judicial review.

Local resident Fiona Somerville had challenged last autumn’s decision, arguing it ran contrary to the council’s own planning policy.

In High Court proceedings, His Honour Judge Cooke had found that the local authority had incorrectly interpreted part of its Local Plan.

It is now expected the scheme will go back before the planning committee, to be looked at afresh, in the coming months.

Ms Somerville said: “This is a landmark victory for the campaign to protect the character and local distinctiveness of Solihull’s existing mature suburbs which are being targeted by speculative developers.”

The application sought permission for No 23 Alderbrook Road to be demolished and rebuilt and four other detached houses constructed on land to the rear of No 21-27.

The proposal – which had faced fierce opposition from many neighbours – had split the committee down the middle during the decision session in early October.

Planning consultant Tyler Parkes had insisted the application had been revised to take account of local concerns.

It was ultimately approved by a majority of five to four, in line with a recommendation by planning officers.

Although the judicial review flagged up concerns about the interpretation of the council’s P5 policy – which covers provision of land for housing.

The court order also requires the council to pay costs of more than £8,500.

This news will be a major boost to residents fighting their own battles against similar developments elsewhere in Solihull.

Last summer, Ms Somerville said many streets were “living in fear” of the next application being lodged.

“It’s important we stick together and we do come together and fight these ludicrous planning applications,” she had told the Local Democracy Reporting Service (LDRS).

A judicial review – which considers the lawfulness of a decision taken by a public body – is one of the few options open to opponents of a planning application approved by the council.

The court is asked to examine the way in which a decision has been reached, rather than the rights and wrongs of the conclusion.

A Solihull Council spokesman said: “It is likely that the application will be determined again by the planning committee in March 2019.”

Read more: https://www.birminghammail.co.uk/news/midlands-news/garden-grabbing-plan-solihull-quashed-15791199