Housing development moves step closer after legal decision
THE controversial development of Oakley Farm on the edge of Cheltenham has moved another step closer after the borough council decided not to take the matter to the High Court.
It could have opted for a judicial review into a planning inspector’s decision to allow 250 houses to be built on the countryside site, off Harp Hill and close to Priors Road, but its lawyers have ruled that it would not be worthwhile.
The agricultural land covers 14.9 hectares, with Robert Hitchins Limited intending to demolish the farm buildings to make way for the houses and form a new vehicular access from Harp Hill. Campaigners say it is a beautiful site that should be kept free of development for aesthetic reasons and for the benefit of wildlife.
The borough council believed that the adverse impact of granting permission would significantly outweigh the benefit. One of its key reasons for objecting to the plans was that the site is outside of the Principal Urban Area of Cheltenham and lies wholly within the Cotswolds Area of Outstanding Natural Beauty.
But the matter was taken out of its hands when Robert Hitchins went straight to appeal and last month planning inspector Matthew Nunn gave it the go-ahead.
He said it would boost the economy, create investment in Cheltenham and increase spending in shops and services. The scheme would secure both market and affordable housing for which there was a clear and urgent need in the town, he added.
Campaigners hoped the council might take the matter further but it has now said that it will not. Liam Jones, its head of planning, said: “As with any planning appeal decision, the only route to challenge is through a judicial review made to the High Court within six weeks of the date of the decision.
“Following advice from our legal team, we have been advised that a challenge is highly unlikely to succeed and have not therefore challenged the decision through a judicial review.”
A spokesperson for the the Friends of
Oakley Farm Pasture Slopes AONB group said: “We are unable to do any more in relation to the outline application which has been allowed, but intend to monitor full development applications as and when these are submitted.”
Battledown resident John Wilcock said: “Most Battledown residents are up in arms and incredulous of this deeply-flawed verdict, acknowledging the need for new houses per se, but in the right places and certainly not in our AONB or on greenbelt land.
“Whole food chains will be lost at Oakley, including many red-listed wild birds and other taxa (biodiversity). An absolute disgrace - the AONB designation is being rendered meaningless.”
He urged all those who think this is wrong to do all they can to get what he called “this crazy inappropriate development” overturned.
He added: “An unsullied Oakley can help the increasing number of people with mental health issues, especially children, through calming birdsong and just being in beautiful nature. Trees produce oxygen and therefore clean air, also absorbing traffic fumes.”