Mendip District Council is paying a legal bill of a total of £60k following a challenge to its local plan made by the small council of Norton St Philip.

They are paying the costs of £35k to Norton St Philip, plus £25k on their own expenses, following a three year long challenge to a revision of the local plan. That is the policy which allocates housing targets around the district. Norton St Philip successfully argued that building a lot of homes in their tiny village was unfair and that housing should be more evenly spread around other communities such as Frome, Shepton and Wells.

The result - over 20 homes allocated to Norton St Philip will not now go ahead, at least as planned, nor will 455 planned for an area on the 'border' with Midsomer Norton.

The challenge determination came at the very tail end of last year with the response from Mendip District Council perhaps best summed up as 'angry and baffled.'

The leader said Mendip has been 'left to pick up the pieces' from a decision which was not their fault and they now have to work hard at ensuring where the homes pencilled in for those five sites, and part of a commitment to building homes across the district, will now go.

The Council told Nub News:

Mendip District Council has learnt that following Judicial Review proceedings in the High Court, some of the sites allocated for housing development in its Local Plan Part II will need to be reconsidered.

The judge determined that the focus of the Planning Inspector was erroneous, that the adopted Local Plan Part I in Mendip was 'misinterpreted' by the Planning Inspector, and that firm direction given to the District Council to identify 500+ houses in the north east of the District, was 'unlawful'.

As a result of the determination by the Planning Inspector, the judge has overturned five Local Plan sites. They consist of three sites on the outskirts of Midsomer Norton (earmarked for 455 dwellings), plus further allocations, of 27 and 28 homes respectively, for sites at Norton St. Philip and Beckington.

These five sites will now be removed from the Local Plan Part ll, as directed by the judge.

It's important to note that the rest of the Local Plan is sound and remains in force. And that having the Plan in place for the past year has meant the Council has managed to successfully defend appeals in a way that would not have otherwise been open.

Norton St. Philip Parish Council brought the statutory review against the District Council. The secretary of state and two major housing developers were also interested parties in the case.

Norton St Philip Parish Council argued the homes should be spread more widely across the Mendip region. Mr Justice Holgate upheld the Parish Council's challenge and awarded them costs, which Mendip will pay.

The judge stated Mendip District Council was 'influenced by the Inspector's misreading of the Local Plan Part l documentation.'

Commenting on the High Court decision, Leader of Mendip District Council, Cllr Ros Wyke, said: "Mendip District Council had no realistic option but to follow the opinion of the Planning Inspector and the statutory Local Plan process. We had to do this in order to achieve an adopted Local Plan. Our hands were tied.

"A legal error was made in the direction given by that Inspector - who is appointed by central government - and it's Mendip Council that's been left to pick up the pieces, and the costs!

"To say we are extremely disappointed would be an understatement. This outcome is baffling, it's irrational and contradictory. It's loaded against local councils and challenges the Local Plan process."

MDC have bill totalling £60k (that'£35k costs to Norton St Philip, plus £25k on its own expenses).

And as for Norton St Philip ?

They said: "Bringing a Statutory Review against our own District Council has been no small undertaking for our Parish Council, especially as the Secretary of State and two major housing developers were interested parties in the case, but the Judge's decision indicates the consistent approach which we have taken throughout the LPP2 examination process and the court proceedings.

This action could not have been brought by the Parish Council unless it had the consistent backing of its residents who understood the importance of the Parish Council launching this legal challenge against the District Council's decision. I wish to thank them for their unstinting support. We are also greatly indebted to our legal advisor, Tobias Shaw Paul of DLP Piper LLP, who has represented us at the second LPP2 hearings and at the Judicial Review. His professional expertise has been invaluable. NSP PC now wishes to concentrate on working with the District Council and the new Unitary Authority in progressing the draft Neighbourhood Plan to referendum and looks forward to collaborating with them on that process. "