Goring Gap development in Worthing could end up back in court

Worthing Borough Council has vowed to ‘strongly fight’ further legal action concerning plans for homes on the Goring Gap.
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Worthing Borough Council refused planning permission for 475 homes at Chatsmore Farm, on the Worthing/Arun border, in March last year.

Developer Persimmon appealed the decision with the Planning Inspectorate and won, but the council then took the to the High Court in July.

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The court ruled in the council’s favour, concluding a planning inspector had made an error in the decision making.

Protesters at Chatsmore Farm in March (Picture) by Eddie Mitchell)Protesters at Chatsmore Farm in March (Picture) by Eddie Mitchell)
Protesters at Chatsmore Farm in March (Picture) by Eddie Mitchell)

Worthing Borough Council leader Beccy Cooper has now confirmed that Persimmon can appeal that decision, opening up the possibility of homes on the green space once again.

A council spokesperson said the council would ‘very strongly fight the further appeal’.

The news was heard during the full council meeting on Tuesday (October 18). Richard Nowak (Con, Salvington) asked Dr Cooper if Persimmon had appealed and what discussions, if any, had taken place since the High Court ruling.

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Dr Cooper said that she had not had any discussions with the developer since August and confirmed that Persimmon would take the case to the Court of Appeal.

“We were very recently informed that Persimmon have been granted leave to appeal the High Court decision,” she said. “I have not met with Persimmon Homes since that decision was made. There are various reasons for that. I take legal advice from our legal officers and I work very closely with our officers on this. We are open to continuing conversations but if it’s not appropriate, and taking the advice of my officers, then I will not pursue it.”

Worthing West MP Sir Peter Bottomley, who has raised the issue several times in the House of Commons, said he was ‘disappointed’ by Persimmon’s decision to appeal.

“Everyone understands that the Goring Gap, Chatsmore Farm, must be preserved as open space,” said Sir Peter. “I recommend that anyone who has got a bit of spare money should consider buying a share, one share in Persimmon, and trying to attend the annual meeting to explain what the Goring Gap means to Worthing and to Ferring.

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“The truth is that [Persimmon] should never have had their appeal considered until the Worthing Local Plan had been approved. The Worthing Local Plan gives protection to the Goring Gap.

“Major planning decisions, major community decisions should not be made as a result of advocacy by high-paid King’s Counsel lawyers, barristers in front of a Planning Inspector – they should be made on behalf of local people by their elected representatives.

“It’s important to recognise that this protection for Goring Gap, Chatsmore Farm, comes from Conservatives, comes from Labour, comes from non-political people – it’s one of the biggest issues locally.”

Sir Peter expressed concern that ‘no green space in the South of England is going to be safe’ if Persimmon is granted permission to build on the Gap as it could set a precedent for such developments elsewhere.

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“If necessary, government should step in and solve the problem,” the MP added.

The leader of Worthing Borough Council’s Conservative group, Kevin Jenkins, who was leader of the council prior to May’s local elections, said the draft Local Plan had been progressed to such an extent that its designation of Chatsmore Farm as a ‘green gap’ should be respected. Persimmon Homes has been approached for comment.