Statement on West Acre Park Court of Appeal decision

The council respects the Court of Appeal's decision regarding the appeal brought by Greenfields (IOW) Ltd. The appeal was successful on Ground 1 only, which argued that the grant of planning permission was unlawful due to the procedural failure to publish the section 106 agreement before granting planning permission.

The appeals on all other grounds were dismissed. In dismissing appeals on all other grounds, the Court of Appeal provided a very welcome clarification that the council lawfully resolved to grant planning permission at the meeting of the Planning Committee on 25 April 2023, the resolution remaining unaffected by the court’s finding on Ground 1.

Although the judgment has been handed down, the appeal has been adjourned to allow the parties to provide short written submissions. This effectively gives both parties the opportunity to suggest the next steps to the Judges.

At the appropriate time, following the conclusion of this process, the council will make a fuller statement.