Update: 7 October 2022
In August we updated residents that the council did not accept the Planning Inspector’s decision that ultimately permission has been granted for the development of the Jolly Boatman site.
Our next step was to obtain permission from the courts to proceed with a challenge.
We submitted to the High Court the council’s grounds for challenging the Inspector’s decision and the Secretary of State and other interested parties submitted statements setting out their positions.
The council has now received notification from the High Court that the permission for the Statutory Planning Review at the former Jolly Boatman site has been refused. This is an incredibly disappointing decision.
Given that there were grounds for seeking Statutory Planning Review, the council considers it was right to make the challenge. Indeed, we believe our residents would expect us to do no less. However, it has resulted in this outcome and our challenge has been refused.
As for the planning permission on the site of the Jolly Boatman, the High Court’s decision means that development can proceed as set out in the permission. We know that many residents in the areas around the site echo our disappointment.
Update: 16 August 2022
On the 19 July 2021 the Council refused Planning Permission for the development of the former Jolly Boatman site at Hampton Court Station in East Molesey (opposite Hampton Court Palace). The applicant appealed this decision and following a public inquiry on the 8 July 2022 the Planning Inspector issued his decision that the appeal was allowed and therefore permission has been granted for the development.
There is no right of appeal against an appeal decision but there are other avenues of challenge and today after careful consideration of the Planning Inspector’s reasons for approving the development, and having taken specialist legal advice, the Council has served the Secretary of State with the claim form for a Planning Statutory Review. This request for a review seeks to quash the appeal, on the basis that the Inspector failed to give legally adequate reasons for his disagreement with the advice of Historic England.
The first stage in the process is that the Council is required to obtain permission for the courts to proceed. If the Council is given permission to proceed a hearing will take place for a judge to consider the matter. Any hearing may take many months before it is heard.
Please note that the status of the new Local Plan has no bearing on the outcome of this planning appeal. All applications are determined on their own merits, taking into account policies set out in the National Planning Policy Framework. The adoption of a new Local Plan will not prevent urban sites such as this coming forward, even if they are not identified in the plan as an allocated site.
Update: 27 July 2022
On the 19 July 2021 the Council refused Planning Permission for the development of the Jolly Boatman site at Hampton Court. The applicant appealed this decision and following a public Inquiry on the 8 July 2022 the Planning Inspector issued his decision that the appeal was allowed and therefore permission has been granted for the development.
After careful consideration of the Planning Inspector’s reasons for approving the development and having taken specialist legal advice, the Council has served the Secretary of State with a letter of claim setting out that it is considering issuing a planning statutory review, which would seek to quash the appeal, on the basis that the Inspector failed to give legally adequate reasons for his disagreement with the advice of Historic England. The Secretary of State has until 4pm on 9 August 2022 to respond. After the response is received the Council will consider the next steps.
Whilst we are seeking representations on our draft Local Plan please remember that the status of the new Local Plan has no bearing on the outcome of this planning appeal. Whilst all applications are determined on their own merits, the principle of the redevelopment and the natural churn of brownfield sites within our towns and villages is set by National Planning Policy. The adoption of a new Local Plan will not prevent urban sites such as this coming forward, even if they are not identified in the plan as an allocated site.