Tandridge District Council Press Release 9.12.16
Supreme Court throws out Oxted Residential’s appeal application
The Supreme Court has refused Oxted Residential leave to appeal the Court of Appeal’s decision, which upheld the Council’s decision to adopt its Development Management policies and Community Infrastructure Levy.
This result vindicates the Council’s approach to planning and in particular its ability to put in place policies which protect the character of the district’s towns and restrict inappropriate development in the Green Belt.
The Supreme Court ruled “the application does not raise an arguable point of law of general public importance which ought to be considered at this time bearing in mind that the case has already been the subject of judicial decision and reviewed on appeal.”
Oxted Residential Ltd challenged the Council first in the High Court and then in the Court of Appeal, arguing the Council should not have adopted a range of policies to be used in decisions on planning applications and should not have adopted a Levy which made developers pay towards infrastructure in the district. Following the Court of Appeal’s decision in April 2016, Oxted Residential appealed to the Supreme Court.
In addition to its own court costs, Oxted Residential Ltd will have to repay all the Council’s costs incurred in defending this action, which are currently estimated to be over £130,000.
Councillor Martin Fisher, Leader of the Council, said: “We are delighted with this outcome, as it clearly shows that our approach to planning is the right one for the district. However it is disappointing we have had to use significant time and resources to defend our approach, particularly as the judges have said the challenge was based on a fatal misconception by Oxted Residential Ltd. We can now continue to make decisions which will make sure the district is a place where people want to live, work and visit. It will also ensure new development continues to make a financial contribution to infrastructure.”