Elmbridge Council Launches Appeal Against Jolly Boatman Decision

Elmbridge Council has launched an appeal against the Planning Inspector’s decision to grant planning permission for the large development on the Jolly Boatman and Hampton Court Station site. Thne COuncil published the following information on its website on 16 August:

Elmbridge Council Statement on the Jolly Boatman

Update: 16 August 2022

On the 19 July 2021 the Council refused Planning Permission for the development of the former Jolly Boatman site at Hampton Court Station in East Molesey (opposite Hampton Court Palace). The applicant appealed this decision and following a public inquiry on the 8 July 2022 the Planning Inspector issued his decision that the appeal was allowed and therefore permission has been granted for the development.

There is no right of appeal against an appeal decision but there are other avenues of challenge and today after careful consideration of the Planning Inspector’s reasons for approving the development, and having taken specialist legal advice, the Council has served the Secretary of State with the claim form for a Planning Statutory Review. This request for a review seeks to quash the appeal, on the basis that the Inspector failed to give legally adequate reasons for his disagreement with the advice of Historic England.

The first stage in the process is that the Council is required to obtain permission for the courts to proceed. If the Council is given permission to proceed a hearing will take place for a judge to consider the matter. Any hearing may take many months before it is heard.

Please note that the status of the new Local Plan has no bearing on the outcome of this planning appeal. All applications are determined on their own merits, taking into account policies set out in the National Planning Policy Framework. The adoption of a new Local Plan will not prevent urban sites such as this coming forward, even if they are not identified in the plan as an allocated site.

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Update: 27 July 2022

On the 19 July 2021 the Council refused Planning Permission for the development of the Jolly Boatman site at Hampton Court. The applicant appealed this decision and following a public Inquiry on the 8 July 2022 the Planning Inspector issued his decision that the appeal was allowed and therefore permission has been granted for the development.

After careful consideration of the Planning Inspector’s reasons for approving the development and having taken specialist legal advice, the Council has served the Secretary of State with a letter of claim setting out that it is considering issuing a planning statutory review, which would seek to quash the appeal, on the basis that the Inspector failed to give legally adequate reasons for his disagreement with the advice of Historic England. The Secretary of State has until 4pm on 9 August 2022 to respond. After the response is received the Council will consider the next steps.

Whilst we are seeking representations on our draft Local Plan please remember that the status of the new Local Plan has no bearing on the outcome of this planning appeal. Whilst all applications are determined on their own merits, the principle of the redevelopment and the natural churn of brownfield sites within our towns and villages is set by National Planning Policy. The adoption of a new Local Plan will not prevent urban sites such as this coming forward, even if they are not identified in the plan as an allocated site.

Published on Wednesday, August 17th, 2022
in General Interest