Residents of a small village near Frome are hoping that an upcoming court case can put the brakes on plans for unwanted new homes on their doorstep.

The picturesque village of Norton St. Philip lies roughly halfway between Frome and Bath, just to the west of the arterial A36 connecting the two settlements.

The village has attracted huge interest from housing developers in recent times – an issue compounded by Mendip District Council approving higher housing targets for the district's rural areas in December 2021.

A judicial review will be held at the High Court on October 18 and 19 in a bid to repeal these policies – and, in doing so, prevent the village (and others like it) from being overrun by too many new homes.

Here's our guide to this complex issue:

How did we get to this point?

Mendip District Council, like all other local authorities in Somerset, has a Local Plan which specifies how many new homes should be delivered across its area within a set number of years.

Mendip's Local Plan Part I was approved in December 2014, laying out the principle that the majority of new development in the district should be concentrated around its five main settlements – namely Frome, Glastonbury, Shepton Mallet, Street and Wells.

The smaller villages in the district – such as Beckington, Norton St. Philip and Rode – were expected to take "proportionate" housing growth to preserve their character and prevent existing infrastructure from becoming overwhelmed.

The plan included a broad commitment that these smaller settlements between them would deliver a combined total of 505 homes over the lifetime of the plan – which, in Norton St Philip's case, amounted to delivering 45 new homes by 2029.

Consultation soon began on the Local Plan Part II, which allocated additional sites based on these principles – but villagers objected, on the basis that they had already delivered all the new homes expected within the Local Plan Part I and that "none of the sites put forward were suitable".

Following public hearings, the Planning Inspectorate ruled in September 2019 that the 505 homes identified in the Local Plan Part I should all be delivered in the north-east of the district – and this could be achieved by building on designated local green spaces.

While the majority of these homes were expected to be delivered on the edges of Midsomer Norton and Radstock (which lie in the neighbouring Bath and North East Somerset unitary area), Norton St. Philip was one of three villages singled out for specific new housing allocations (the others being Beckington and Rode).

Specifically, Norton St. Philip was expected to deliver at least 27 more homes on the northern side of Mackley Lane – near the existing Fortescue Fields development.

Despite numerous objections being voiced, the district council voted to adopt the Local Plan Part II when the full council met in December 2021 – prompting residents of Norton St. Philip to begin legal proceedings in a bid to reverse this decision.

Which areas in the village are being targeted by developers?

Lochailort Investments Ltd. has applied to build 27 homes on the Mackley Lane site, dubbing it 'Fortescue Fields Phase II' – with a decision still pending on plans submitted back in November 2020.

However, this is not the only site in the village which is being targeted by developers.

Springleaze Trading Ltd., which is based in Trowbridge, has made two attempts to build 30 homes on the B3110 Frome Road.

The first attempt was refused on appeal by the Planning Inspectorate in June, while the second attempt was turned down by the council's planning officers in early-September.

Lochailort was denied permission for a further 20 homes near the Fortescue Fields site in April – a decision which, to date, has not been appealed.

Elsewhere in the village, the Stonewood Partnerships (Bell Hill) Ltd. has applied to build 27 homes and a new commercial garage on the Bell Hill Garage site on the A366 Bell Hill – a decision on which is still pending.

What are the grounds for the judicial review?

Norton St. Philip Parish Council has lodged a judicial review on three grounds:

• The district council "misinterpreted" the Local Plan Part 1 over whether the 505 homes allocated for rural areas had already been delivered before the Local Plan Part II was created
• The council "failed to consider reasonable alternatives" to where an extra 505 homes could be allocated in the district (i.e. not allocating all of them in the north-east of the district)
• The councils "failed to have regard" for the principle of "proportional development in rural settlements"

Following legal advice in April, all three elements will be considered at the High Court on October 18 and 19.

In addition to barristers from both the parish and district councils, the hearing is expected to be attended by representatives from Lochailort Investments (the company behind Fortescue Fields), Redrow Homes PLC (which has delivered sizeable development in Beckington) and the Department for Levelling Up, Housing and Communities.

What would a victory at judicial review achieve?

Ian Hasell, chairman of Norton St. Philip Parish Council, said a judicial review was "the only recourse we have" to overturn the district council's "wrong decision".

In addition to removing the Mackley Lane site from the Local Plan Part II, a victory in the courts would prevent other villages in this part of Somerset from suffering a similar fate.

Mr Hasell said: "Such a decision would be significant because other villages in Mendip threatened with similar housing allocations would probably need their allocations reviewed in accordance with the policies in the Local Plan Part I.

"We endorsed the draft Local Plan Part II submitted for examination in January 2019, which proposed no further allocations in villages which had already over provided against the minimum stipulated (of which ours was one).

"Norton St . Philip is already the most proportionately over-developed village in Mendip, with an uplift of 35 per cent against the district council's guidance of a maximum of 15 per cent.

"What we would like to see is the council adhering to their own policies in the Local Plan Part I regarding where development should be carried out."

How has the district council responded?

A spokesman for Mendip District Council said: "A judicial review of our decision to adopt the Local Plan Part II was made by Norton St Philip Parish Council on January 28, 2022.

"This is a challenge to the legality of the plan and contests the planning inspector's modifications, which identify an additional 505 dwellings in north-east Mendip and subsequent adopted housing allocations in Beckington and Norton St. Philip.

"Full weight can be given to the Local Plan Part II until a judgement is made."