After ten years of campaigning and five years fighting a planning application to build 472 houses on Westridge Farm in Ryde, local residents have now got the case to the second highest court in England and Wales: The Court of Appeal with the case due to be heard on the 8th and 9th April 2025.
The Courts and Tribunals Judiciary have selected this case to be live streamed on the basis that it raises issues of public interest and important legal points. The live stream site will include PDF copies of the parties’ Skeleton Arguments and a link to the Judgment being appealed on the National Archives.
Residents will be able to follow the case either on-line or attend in person at the Court of Appeal at the Strand in London.
Historic and landmark environmental case
This case is historic as this is the first time that over 600 IW residents have raised the finance to take on the Isle of Wight Council. There were originally over 600 resident objections and over 5,000 residents signing a petition against this controversial planning application/permission.
It is a landmark and iconic case in that whatever the outcome it will be creating case law and showing ordinary people need to be listened to more fairly in the future and the need for housing is balanced with the need to face the realities of climate change, flooding, reducing traffic, and the needs of nature.
Residents have always argued that the site not only did not have a proper road infrastructure to sustain development, but the land was the last nature/flood prevention corridor in Ryde and eradicating it was detrimental to the Town and the community of Appley and Elmfield.
Claims of biased process
Principally, the case was about process and residents have continued to believe the planning process in this case was biased, not fair, and unlawful.
They wish IW Council to be brought to account.
The live streaming enables all residents to be able to hear the appeal case in full.
A spokesperson for Greenfields IW Ltd (the organisation set up on the residents’ behalf) states,
“What people should know that to have gotten to this far is remarkable as judicial reviews are notoriously hard to win in a judicial policy environment where courts simply do not like to get involved in local authority decision-making.
“To have gotten this far in that three senior Law Lords (who are higher in rank than Judge Jarman in first trial in Southampton) are jointly poised to look at this again closely means they seriously think something might well have gone wrong.
“We need absolute clarity in the form of a Court of Appeal ruling that legal principles which Judge Jarman employed were sound.”
Lilley: It is a real example of people power
Councillor Michael Lilley, Ryde Appley and Elmfield Ward, said,
“For nine years, my monthly ward meetings have had this case on top of the agenda and occasionally we have been faced with huge barriers or setbacks such as when the tenant farming family had no option but to leave, but every time, residents have unanimously voted to continue.
“Some residents have sadly died on this long David and Goliath battle road, but new residents including those who live in the first stage of the West Acre Park estate, have joined the determination to seek justice to our strong community.
“It is incredible that they have got to the highest court in the land. It is a real example of people power and whatever happens, IW Council should start listening.”
Sharpe: Judicial review fills us with hope, but also with anger
Local residents, Helen and Brian Sharpe, added,
“We have lived in Appley, adjacent to the planned development, since 1969. Our two children were born here and educated at Bishop Lovett School now Oakfield Primary School which has recently been saved from closure by strong resident action.
“The appeal against the expensive Judicial Review of the Isle of Wight Planning Committee’s decision to grant planning permission for the building of 475 houses on the former Westridge dairy farm in Ryde fills us with hope, but also with anger.
Here are just some of the factors which have led to our frustration:
- Deliberate avoidance of infrastructure problems, especially access and flooding
- Blatant refusal to value the opinion of local people and of our elected representatives
- Naive assumption of the ability to provide adequate GP cover
- Already diminishing school places
- Closure of a viable local food resource
- Ignorance of local wildlife effects.”
Adams: The community which I represent is very much affected by this poor decision
Councillor Dave Adams of Nettlestone and Seaview
“This application was poorly constructed in that, apart from being on a then working farm, it was notorious that there has always been water run off through the field down to Seaview where there have been serious drainage problems.
“That plus the problems of associated traffic infrastructure meant that any decision to approve was questionable.
“I believe the Council then compounded their approval decision by doing it in an irregular and unprofessional manner. The community which I represent is very much affected by this poor decision and is understandably angry.”
News shared by Michael on behalf of Greenfields IW Ltd. Ed
