Outside the High Court

Save Westridge Farm: Solicitors issue pre-action letter to Isle of Wight council

Solicitors acting on behalf of the Save Westridge Farm campaign have issued a pre-action legal letter to the Isle of Wight council in relation to the granting of planning permission for 472 homes on the site of Westridge Farm in Ryde.

The solicitors say the grounds under which the planning permission is being challenged are as follows:

  • Ground 1: The conduct of the meeting of the Planning Committee on 21st July 2021 was
    unlawful, vitiating the purported resolution to grant planning permission
  • Ground 2: The conduct of Councillor Geoff Brodie in his involvement in the decision-making
    process was tainted by apparent bias or by an improper motive
  • Ground 3: The Council’s approach to the section 106 Planning Obligation was unlawful
  • Other grounds: Not demonstrated that correct approach in law was applied concerning the impact on migrating birds, particularly curlews

Demands
In the pre-action protocol letter the Isle of Wight council (IWC) it states that the IWC are…

Requested to consent to judgment and agree to the decision being quashed. The Council is also requested to pay our Client’s costs relating to making the application for judicial review.

The council has been given until 12th September 2023 to reply to the substance of the letter (embedded below for your convenience) and also given a deadline of 4pm on 31st August 2023 to deliver :

  • The completed section 106 agreement relied upon by the Council in granting permission; and
  • Any report or work product arising from the alleged “review of junction improvement options for junctions within the Ryde East area”

The letter to the Isle of Wight council can be seen below.

Read the background by visiting News OnTheWight’s Westridge Farm archives.


Image: bensutherland under CC BY 2.0