Residents seek Judicial Review of planning decision

A residents’ group will seek a judicial review of a decision allowing Curo to redevelop the Foxhill estate.

The Foxhill Residents’ Association are taking the step after the council refuted their legal challenge of the controversial decision.

Bath and North East Somerset Council granted Curo outline permission to demolish and rebuild large parts of the housing estate in Combe Down last year.

But lawyers acting for the residents’ group identified what they say are several legal flaws in the way the decision was made, including equality and socioeconomic considerations.

Council lawyers have now responded to London-based solicitors Leigh Day, rebutting the points made in a 15-page legal document sent in December.

Residents had hoped the council would instead use the information to reconsider their planning decision.

Pete Buckley, a member of the Foxhill Residents’ Association, said: “We were hoping they’d accept what we’d said and we could sort something out without going to court.”

Their lawyers have until Wednesday (January 10) to submit their request to the Planning Court at the Royal Courts of Justice in London.

Rowan Smith, assistant solicitor to Rosa Curling at Leigh Day, said: “What we have seen in the council’s letter doesn’t change our view that there are grounds to bring a challenge.”

The council will have 21 days to respond to the request for a judicial review once it is submitted.

A spokesman for the council said it would not be commenting as “all communications on this matter are subject to legal privilege”.

A spokeswoman for Curo said: “It’s not appropriate for us to comment at this stage and we will await the outcome of the legal process.”

Mr Buckley said the Foxhill Residents’ Association began discussing the possibility of a legal challenge immediately after the council granted outline planning permission in July 2017.

Leigh Day solicitors and barristers Sarah Sackman and Katherine Barnes from London law firm Francis Taylor Buildings have agreed to work for a “contribution” towards costs.

A spokesman for Leigh Day described the firm as a group of “campaigning” solicitors.

It, and barristers Sarah Sackman and Katherine Barnes, are currently awaiting a decision on another judicial review challenging the London Borough of Haringey’s plan to put thousands of council homes and other assets into a joint venture with private developer Landlease.

A judge will decide whether there is sufficient legal justification for a judicial review of the Foxhill decision.

Any judicial review would be months away and would consider how the decision was made not the rights or wrongs of allowing the redevelopment to go ahead.

If a judge found the decision-making process was legally flawed, B&NES Council could be made to retake the decision.


Article originally appeared on Bath Chronicle

The Institute cannot confirm the accuracy of this story or confirm that it presents a balanced view. If you feel this is inaccurate we would welcome your perspective and evidence that this is the case.

Shopping Basket
Scroll to Top

Your membership questions answered

View our frequently asked questions or contact our dedicated account manager for further support.

You can reset your password here. If you’re still having issues, please send us a message below.

We have many ways you can pay for your membership.

  • Credit card
  • Online
  • Invoice
  • PO

You can renew/upgrade your membership here.

To find out more, send us a message below.

You will receive a reminder email from our dedicated membership account manager 4 weeks before your renewal date. This email will contain all the information you need to renew.

You can also renew your membership online here.

You can update your contact details here. Alternatively, please send a message to our membership account manager below.

Please send a message to our membership account manager below. 

Still need support?

Our dedicated Membership Account Manager is on
hand to assist with any questions you might have.

Request a callback

Leave a message and our team will call you back

"*" indicates required fields


Send us a message

We’ll be in touch with you soon.