Between 2020 and 2024, Graeme advised Westridge Village Limited on an application on the Isle of Wight for the demolition of agricultural buildings and the proposed development of 473 new dwellings (35% affordable housing), café, doctors surgery and office space with associated site infrastructure (inclusive of roads, parking, photovoltaic pergolas, garages, bin and bikes stores, below ground foul waste pump, electric substations, surface water detention basins and swales, landscape and ecological mitigations and net biodiversity enhancements), public open spaces, suitable alternative natural greenspace and allotments.
Permission was granted by the Isle of Wight Council in August 2023, after a protracted 2 year period, following resolution to grant in 2021, subject to negotiation of a s.106 obligation. The application was very contentious and, as various changes in circumstances had occurred, and further objections been raised (including as to alleged procedural issues at the 2021 committee) in the intervening period, the application was taken back to committee in April 2023 for reconsideration, where it was resolved to grant permission subject to a s.106 obligation. Following grant of planning permission in August 2023, an application for judicial review was made but dismissed by the High Court in August 2024. However, in April 2025, the Court of Appeal (Westridge did not take part in the appeal) quashed the permission on the sole ground that the Council was in breach of its obligation to publish the s.106 obligation before granting permission. (The prior resolution to grant permission subject to the s.106 obligation was declared valid and lawful.)