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High Court quashes 700-home estate redevelopment
The High Court has quashed planning permission for a 700-home redevelopment of a housing estate in Bath.
Mr Justice Lewis ruled that Bath and North East Somerset Council had breached its public sector equality duty in approving demolition of 542 homes on the Foxhill Estate to make way for the new scheme.
Housing association Curo was awarded outline planning consent for the controversial project last year.
But angry residents fought the decision – which included a net loss of 204 affordable rented homes – and took it to judicial review.
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Law firm Leigh Day, representing the residents, argued that the council failed to properly consider the impact of the development proposal on those with protected characteristics. Under the Equality Act, the council has to take into account how its actions may affect people dependent on factors including their age, disability, race and pregnancy or maternity.
Curo appeared to back away from its original proposals when it told residents back in February that it would “no longer consider demolition of homes” on the estate.
Rowan Smith, lawyer for Leigh Day, said: "We are extremely pleased for the residents of the Foxhill Estate, who have spent years fighting to keep their homes.
“Today’s strong judgment from the High Court, that the council breached its public sector equality duty in granting outline planning permission for the demolition, is a huge vindication of our clients’ efforts both in terms of fundraising and also providing evidence in support of the case.”
A spokesperson for Bath and North East Somerset Council said: “We are disappointed that the decision went against the council and we will be carefully considering the judgement before taking any further action.”
Curo has been contacted for comment.
