Horsham District Council launched a judicial review on 15 August 2025 of the Planning Inspectorate’s decision in July 2025 to grant outline planning permission for 800 homes at the Horsham Golf and Fitness site near Southwater, West Sussex.
The High Court has refused permission for the challenge to proceed to a full hearing.
While the Court agreed with the Council that the Planning Inspector had erred in law by failing to properly consider the Southwater Neighbourhood Plan, it concluded that this error would not have altered the Inspector’s ultimate decision, given his assessment of the planning balance in favour of the development.
The Council remains firmly of the view that this location is inappropriate for development. However, after careful consideration with its Legal team, it has decided not to pursue the case further, recognising the Court’s strong indication that such a challenge would be unsuccessful and therefore not in the best interests of local taxpayers.
Cllr Ruth Fletcher, Horsham District Council Cabinet Member for Planning and Infrastructure said: “We are very disappointed that the Court has rejected our challenge.
“We looked closely at whether it was in the public interest to pursue this further but had to accept the clear message from the Court about our prospects of success.
“The Planning Inspector’s error was acknowledged by both the Secretary of State and the Court, and that recognition is an important step in helping us safeguard the role of neighbourhood plans in the future.
“However, this case should never have arisen. Had the Planning Inspector applied the law correctly in the first place, we would not have been forced to launch this legal challenge.
“We will be writing to the Planning Inspectorate to make our concerns clear.”
Cllr Martin Boffey, Leader of the Council added: “This is a deeply frustrating outcome for our residents and for everyone who worked so hard on the Southwater Neighbourhood Plan.
“By granting outline planning permission for this site, the Planning Inspectorate has overridden strong local planning policies and the wishes of the community.
“Although it is not in local taxpayers’ interests to take this legal challenge any further, the Council will continue to fight for a plan-led system that respects local decision-making and protects our District from inappropriate development.”