Residents lose Ridge Lane battle (From Watford Observer)

Residents lose Ridge Lane battle

4:58pm Friday 3rd April 2009 in News By John Harrison

A controversial developer has today won a High Court victory following a long battle to build 11 homes in a Watford back garden.

Elizabeth Eley had asked the High Court to quash an inspector's decision – made more than a year ago – to grant permission for the new homes on land in Ridge Lane and Gammons Lane, in Watford.

She claimed the developer, Visao Ltd, had withheld information from the Government planning inspector, including a report that confirmed badgers used the land.

During a dramatic case, she also claimed developers had bought a neighbouring property to the rear of 267 Gammons Lane despite telling the inspector the firm did not own the adjoining land.

Ms Eley argued the developer was seeking to avoid having to build affordable housing – a legally enforceable matter for developments of more than 25 homes – by adopting a piecemeal approach to development.

She said the developer had not provided the documents before the inspector overturned an earlier decision to refuse the firm planning permission.

However, Mr Justice Wynn Williams today ruled permission would have been granted even if the inspector had been given this information.

He said the badgers enjoyed special protection under the law which would have not affected whether permission was granted or not.

He added it was unlikely the neighbouring lane could accommodate 14 new homes – to bring the development past the 25-house threshold for affordable homes.

He said: “There is no evidence before me which suggests that this can be considered as a reasonable possibility.

“The reality is that the failure of disclosure in this case had no effect to the decision reached by the inspector.

“I am satisfied that this decision would have been the same even had disclosure taken place.”

The long battle started after the council refused planning permission for the scheme in July 2007, following objections from local residents.

However, Visao appealed to the Secretary of State for Communities and Local Government Hazel Blears, and her inspector granted planning permission on 13 February 2008.

Residents, backed by local councillors, then launched the High Court appeal.