Appeal court throws out Daws Hill residents' legal challenge against WDC

Bucks Free Press: Daws Hill Neighbourhood Forum members at RAF Daws Hill Daws Hill Neighbourhood Forum members at RAF Daws Hill

A RESIDENTS group's bid to overturn a High Court ruling over two major development sites in High Wycombe has ended in failure this week.

The Court of Appeal has dismissed the case brought by the Daws Hill Neighbourhood Forum against Wycombe District Council.

The residents’ group took the council to court over WDC’s decision to remove Handy Cross and RAF Daws Hill from its designated area.

Mr Justice Supperstone threw out the forum’s claim in the High Court in March last year but residents took the case a stage further on appeal last month.

However it emerged this week that the Court of Appeal has upheld Justice Supperstone’s judgement, that Wycombe District Council had acted lawfully in exercising its power of designation in setting the neighbourhood area.

DHNF said when it contested the original decision that the council had ridden roughshod over new legislation introduced by the Government to give more power to communities over planning issues in their areas.

Residents argued that, in designating them a forum, WDC wrongly excluded from their Neighbourhood Area the only two major sites for development that might affect them.

However, the council argued that the provisions in the Neighbourhood Planning scheme, introduced in 2011 by the coalition Government’s Localism Act, gave the council a broad discretion over which locations may be suitable for planning within a Neighbourhood area.

The council has already approved an outline planning application for a new sports centre at Handy Cross. The project will also include a hotel, office blocks and a coachway park-and-ride.

Taylor Wimpey's proposals for 362 houses, 79 apartments, nine industrial units, a community centre, Air Training Corps Base and a bus hub have also been given the green light by WDC.

The case marks the first legal test of the Localism Act, which is meant to empower local groups.

It is understood the Daws Hill Neighbourhood Forum have informed the Court they will not appealing the judgement.

An Order for costs is expected to follow.

Comments (10)

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3:40pm Fri 7 Mar 14

Bartholomew HuckleBerry says...

Excellent ! If these selfish residents included all the costings to the the whole of the town because of these developments and not just their precious little street then they would have got somewhere. Well deserved. Now live in the street where potential affordable housing will be built. Haha !
Excellent ! If these selfish residents included all the costings to the the whole of the town because of these developments and not just their precious little street then they would have got somewhere. Well deserved. Now live in the street where potential affordable housing will be built. Haha ! Bartholomew HuckleBerry
  • Score: -29

5:30pm Fri 7 Mar 14

Dickitdo says...

I do not live anywhere near to these proposed developments so It will not affect me, but what is proposed by our we know best , planning department is absolutely outrageous. This area of High Wycombe is the most congested area of in the whole District . Today I had to pick somebody up at the top of Marlow I spent an hour and eight minutes queueing on Marlow Hill , that was going up and back down again . We certainly do not need any more traffic in this area and even to consider it shows a complete disregard to the conditions that people have to endure at the moment . I have been led to believe that the Planning Department have a competition to see who can come up with the most stupid idea to get accepted by our inept Councillors ! . O yes just another thought where is the sewage going to go from all this development .We do not have the infrastructure in place to be able to do the things that are proposed ,and they do not realise this . The Sewage System That We Have At The Moment Will Not Cope , And Is Not Coping !
I do not live anywhere near to these proposed developments so It will not affect me, but what is proposed by our we know best , planning department is absolutely outrageous. This area of High Wycombe is the most congested area of in the whole District . Today I had to pick somebody up at the top of Marlow I spent an hour and eight minutes queueing on Marlow Hill , that was going up and back down again . We certainly do not need any more traffic in this area and even to consider it shows a complete disregard to the conditions that people have to endure at the moment . I have been led to believe that the Planning Department have a competition to see who can come up with the most stupid idea to get accepted by our inept Councillors ! . O yes just another thought where is the sewage going to go from all this development .We do not have the infrastructure in place to be able to do the things that are proposed ,and they do not realise this . The Sewage System That We Have At The Moment Will Not Cope , And Is Not Coping ! Dickitdo
  • Score: 28

5:46pm Fri 7 Mar 14

HoratioG says...

I totally symphatise with the residents at Daws Hill. They currently live in a lovely road albeit admittedly a busy one. Once the estate gets built there then it will devalue their beautiful houses and the area tremendously.

You don't need to go far to see what it'll be like. Simply look at the disaster that is Kingshill Grange! That is what Daws Hill will be like before long. Typically, no thought whatsoever has gone into it for the people who ultimately end up living there.

It is a real disaster that WCD allowed this but then again nothing there is surprising.
I totally symphatise with the residents at Daws Hill. They currently live in a lovely road albeit admittedly a busy one. Once the estate gets built there then it will devalue their beautiful houses and the area tremendously. You don't need to go far to see what it'll be like. Simply look at the disaster that is Kingshill Grange! That is what Daws Hill will be like before long. Typically, no thought whatsoever has gone into it for the people who ultimately end up living there. It is a real disaster that WCD allowed this but then again nothing there is surprising. HoratioG
  • Score: 22

10:40pm Fri 7 Mar 14

townraider says...

Sorry to hear That Daws Hill residents lost the case
They are good people trying to do right thing for the area and Town of High Wycombe..
Sorry to hear That Daws Hill residents lost the case They are good people trying to do right thing for the area and Town of High Wycombe.. townraider
  • Score: 17

11:00am Sat 8 Mar 14

Monty Cristo says...

All new Development should be prohibited in this town until the Council can afford to fix the roads properly. What sense does it make to add more cars to these appalling roads?
All new Development should be prohibited in this town until the Council can afford to fix the roads properly. What sense does it make to add more cars to these appalling roads? Monty Cristo
  • Score: 15

6:19pm Sat 8 Mar 14

Agniesca says...

The congestion level generated will force children to walk to school as it will be impossible for parents to deliver their children to 2 different schools, which is good for their health. The high pollution level as a result of car fumes will not. I believe that hay fever, asthma etc will increase still further
The congestion level generated will force children to walk to school as it will be impossible for parents to deliver their children to 2 different schools, which is good for their health. The high pollution level as a result of car fumes will not. I believe that hay fever, asthma etc will increase still further Agniesca
  • Score: 10

10:41pm Sat 8 Mar 14

legiopatrianostra says...

What is the point of having legislation that CLAIMS to empower local people then allow the Council wide descretion to err, NOT empower people. Waste of time and money and WDC should be ashamed of themselves. More rubbish from Taylor Wimpey.
What is the point of having legislation that CLAIMS to empower local people then allow the Council wide descretion to err, NOT empower people. Waste of time and money and WDC should be ashamed of themselves. More rubbish from Taylor Wimpey. legiopatrianostra
  • Score: 10

10:44pm Sat 8 Mar 14

legiopatrianostra says...

Bartholomew HuckleBerry wrote:
Excellent ! If these selfish residents included all the costings to the the whole of the town because of these developments and not just their precious little street then they would have got somewhere. Well deserved. Now live in the street where potential affordable housing will be built. Haha !
What do you mean "selfish" you idiot? This people have probably lived in their homes for many years, they're now going to have those homes blighted by a development company (who have featured on Watchdog because of their shoddy work), who wanted to build 392 houses on their dorrstep and they won't even get a say in how that development will proceed. That's selfish.
[quote][p][bold]Bartholomew HuckleBerry[/bold] wrote: Excellent ! If these selfish residents included all the costings to the the whole of the town because of these developments and not just their precious little street then they would have got somewhere. Well deserved. Now live in the street where potential affordable housing will be built. Haha ![/p][/quote]What do you mean "selfish" you idiot? This people have probably lived in their homes for many years, they're now going to have those homes blighted by a development company (who have featured on Watchdog because of their shoddy work), who wanted to build 392 houses on their dorrstep and they won't even get a say in how that development will proceed. That's selfish. legiopatrianostra
  • Score: 9

10:47pm Sat 8 Mar 14

legiopatrianostra says...

Monty Cristo wrote:
All new Development should be prohibited in this town until the Council can afford to fix the roads properly. What sense does it make to add more cars to these appalling roads?
The roads are getting worse. It's not just poor management it's total neglect; perhaps a pertition is needed to ensure an immediate root and branch review into Bucks CC Highways Department beginning with replacing those at the top.
[quote][p][bold]Monty Cristo[/bold] wrote: All new Development should be prohibited in this town until the Council can afford to fix the roads properly. What sense does it make to add more cars to these appalling roads?[/p][/quote]The roads are getting worse. It's not just poor management it's total neglect; perhaps a pertition is needed to ensure an immediate root and branch review into Bucks CC Highways Department beginning with replacing those at the top. legiopatrianostra
  • Score: 10

1:13am Tue 11 Mar 14

Dickitdo says...

legiopatrianostra wrote:
Monty Cristo wrote:
All new Development should be prohibited in this town until the Council can afford to fix the roads properly. What sense does it make to add more cars to these appalling roads?
The roads are getting worse. It's not just poor management it's total neglect; perhaps a pertition is needed to ensure an immediate root and branch review into Bucks CC Highways Department beginning with replacing those at the top.
And Wycombe Councils Planning Department with regard to how they have ruined Wycombe , and continue in doing so !
[quote][p][bold]legiopatrianostra[/bold] wrote: [quote][p][bold]Monty Cristo[/bold] wrote: All new Development should be prohibited in this town until the Council can afford to fix the roads properly. What sense does it make to add more cars to these appalling roads?[/p][/quote]The roads are getting worse. It's not just poor management it's total neglect; perhaps a pertition is needed to ensure an immediate root and branch review into Bucks CC Highways Department beginning with replacing those at the top.[/p][/quote]And Wycombe Councils Planning Department with regard to how they have ruined Wycombe , and continue in doing so ! Dickitdo
  • Score: 6

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