A High Court judge has ordered Wiltshire Council to pay the defendant's legal fees after dismissing their application for planning statutory review.
Wiltshire Council brought the case to the High Court on two grounds:
Ground 1: The Inspector’s decision is unsound, as it is based on a materially incorrect basis of fact, following the change of circumstances brought about by extensive fire damage to Hangar 3, which occurred shortly after the Inspector’s decision.
Ground 2: The Inspector’s decision has been vitiated (impaired the legal validity of) by external injustice as a result of the fire and damage to Hangar 3.
As well as examining the circumstances surrounding the fire at Hangar 3, Mrs Justice Lang stated that: “In my view, there is no external injustice or unfairness which vitiates the Inspector’s decision. The Inspector’s decision is valid and is unaffected by the fire and its consequences. There is a satisfactory way forward, namely, by utilising statutory planning procedures to develop the Site….”
She also noted that “The unnecessary delay caused by this claim is regrettable.”
Costs were awarded to both the Secretary of State and the Second Defendant (Old Sarum Airfield), for which Wiltshire Council is liable.
Grenville Hodge, Director of Old Sarum Airfield, said, “We are delighted with the outcome of the High Court judgment (3rd March, Mrs Justice
Lang DBE), although this action by Wiltshire Council should never have been brought forward in the first place and certainly should not have proceeded to a full Hearing in the High Court.
"Our intentions remain completely focused on protecting the airfield and heritage assets and ensuring a long-term sustainable future for Old Sarum Airfield.
"I do hope that Wiltshire Council can now work positively with us to deliver the restoration of the hangar and the wide-ranging heritage benefits across the airfield, as well as provide much-needed housing and wider community benefits on this allocated site.
"The judgement is very clear, and we are looking forward to working proactively with Wiltshire Council to bring forward the previously approved development plans.”
Wiltshire Council has been approached for comment.
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