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The way forward following the judicial review decision on Manydown

The final judgment in the judicial review claim made by the Manydown Company in relation to the Manydown was recieved in April. The Manydown Company Limited sought to challenge:

  • the council’s decision on 15 December 2011, to refuse a proposed motion calling for the council to reconsider its position on the promotion of Manydown
  • and the pre-submission Core Strategy in relation to proposed allocated sites and locations for development; and in particular whether to identify all or part of the Manydown land for development in its core strategy.

The case was considered on 13 to 15 March and the judgement was handed down by the judge on Tuesday 17 April. The judge concluded that both of these decisions were unlawful. The judge issued an order asking the council to reconsider its position on both:

  • the promotion of the Manydown land for development
  • and the pre-submission Core Strategy in relation to proposed allocated sites and locations for development.
The judicial review decision on Manydown was discussed at the Council meeting on Thursday 17 May.  A motion (moved by Cllr Clive Sanders and seconded by Cllr John Izett), setting out the way forward on the Manydown land, was passed at the meeting. It said:
  1. Council acknowledges that the 999 year lease granted to it on 20 February 1996 for the Manydown site was acquired under Section 227 of the Town and Country Planning Act 1990 and that the explicit purpose of that acquisition was to achieve a properly planned, comprehensive development of the area and that this purpose remains the purpose for which the council stills holds the lease.
  2. Council recognises that in the light of the Judgement of Mr Justice Lindblom dated 17 April 2012, the Manydown site is available for development.
  3. Council requests that officers bring forward as a matter of urgency to the Planning and Infrastructure Committee a report dealing with a revised Local Development Framework timetable, to include the necessary assessments and public consultations in relation to the proposed allocated sites and location for development, in particular whether to identify all or part of the Manydown Land for development.
  4. Council requests officers to prepare a report as soon as possible to enable the Economic Prosperity and Performance Overview and Scrutiny Committee (from a landowner point of view) to consider options for the way forward so that the Committee can make recommendations to the Manydown Executive Committee in light of the Judgement and the requirement to reconsider the council’s position on the promotion of the Manydown land for development.
  5. During this process, discussion should take place with Hampshire County Council.
  6. The outcome of 4 and 5 above should be reported to the Manydown Executive Committee as soon as possible. If the decision of the Manydown Executive Committee was to be that all or part of Manydown should be promoted for development, then that would need to be a recommendation to Council in July 2012, (as existing council policy is not to promote the Manydown land for development). Any such recommendation is to include guidance on:

    • what would be necessary to achieve properly planned development on the land;
    • the associated timescales; and
    • any necessary amendments to the Joint Development Partnership Agreement.

Documents