A court battle with a residents’ group over a controversial 473-home development cost the Isle of Wight Council more than £150,000, it has been revealed.
Responding to questions from Liberal Democrat councillor Michael Lilley at Tuesday evening’s planning committee meeting (13th January 2026), County Hall’s principal lawyer Ben Gard gave a £152,251,46 total cost figure for the West Acre Park judicial review process.
The Isle of Wight Council last year lost a Court of Appeal case with Greenfields (IOW) Ltd which led to a court order, quashing a 2023 planning permission for Captiva Homes’ housing estate on the 200-year-old Westridge Farm in Ryde.
A fresh West Acre Park application was approved by the planning committee last September.
Internal and external costs
In May, a council spokesperson released a £90,435.72 total – over £60,000 lower than that mentioned on Tuesday.
The previous amount included external legal advice, court fees, travel and accommodation.
Mr Gard said,
“The costs I’m about to identify to the committee are costs that are incurred when I talk to officer time – only the cost of legal officers’ time. It does not include the cost of the officers of the local planning authority or the time of senior officers of the council.
“For the pre-action stage, the high court stage and the court of appeal stage and also including the cost of travel and accommodation, the cost to the council based on officer time was £30,904.71.
“The external cost to the council…costs that we have paid out for out of legal budget for advice at the pre-action stage, high court stage and at the court of appeal stage – total £57,252.
“And the costs awarded against the council…came out at £64,094.75.”
Lilley: It was about ordinary residents standing up for their community
Councillor Lilley, who represents Ryde Appley and Elmfield, said,
“I’m glad that now the public have got the correct figure, but obviously it doesn’t include non-legal officer time as stated by Mr Gard so it could be that that figure is much higher.
“West Acre Park was not about wealthy objectors concerned about property values, but thousands of ordinary residents standing up for their community and its historic link to farming and the natural environment. They were standing up for their human rights.
“Judicial review protects resident’s rights by ensuring a local authority acts lawfully, fairly and reasonably in their decision-making processes…taxpayers’ money was used to defend against the residents’ valid case…could this cost have been avoided?”
West Acre Park Judicial Review Process Learning Report
County Hall has published a West Acre Park Judicial Review Process Learning Report which looks to reflect on learning points and set out how processes have been adjusted, according to Oliver Boulter, strategic manager for planning and infrastructure.
The paper says the council has put in place a variety of practical improvements, including enhanced publication protocols for planning obligations, revised training for committee members, and the development of public-facing tools to improve transparency. It notes,
“The council remains committed to learning from this experience and strengthening its planning processes to better serve the community and uphold public confidence.”
Andre: The positive outcomes
Councillor Debbie Andre, Alliance independent representative for Sandown North, said,
“I would like to focus on some positive outcomes that I think have come out of this. One of them is the implementation of a new constitution, the councillor’s code of good planning practice.
“There’s been quite a focus recently on all the committees of, quite rightly I think, members undertaking required learning. I would suggest because of the importance of this that those members that sit on planning committee – it is a requirement under their required learning that they attend the workshops.”
This article is from the BBC’s LDRS (Local Democracy Reporter Service) scheme, which News OnTheWight is taking part in. Some alterations and additions may have been made by OnTheWight. Ed
