Goring Gap Development Could Go Back To Court

Developer Persimmon has been granted leave to appeal the High Court’s decision on Chatsmore Farm, also known as the Goring Gap, and the local council has now committed to ‘strongly fight it’.

Worthing Borough Council declined planning permission for 475 homes on the land in March last year.

Persimmon appealed the decision with the Planning Inspectorate and won, but the council then took this to the High Court in July.

The court ruled in the council’s favour, concluding that the the planning inspector had made an error in his decision making.

But WBC’s leader Beccy Cooper (Lab, Marine) has now confirmed that Persimmon can appeal that decision, opening up the possibility of homes on the green space once again.

Council Leader Dr Beccy Cooper Delivers The News About Chatsmore Farm

It will come as a blow to the council and to locals who have been fighting the plans.

Chatsmore Farm Protest, Image By A+W Councils

A WBC spokesperson said that the council will ‘very strongly fight the further appeal’.

The news was heard during the full council meeting on Tuesday (18 October).

Richard Nowak (Con, Salvington) asked the leader if Persimmon had appealed and what discussions, if any, had taken place since the High Court ruling.

Dr Cooper said that she had not had any discussions with the developer since August and confirmed that Persimmon would take the case to the Court of Appeal.

“We were very recently informed that Persimmon have been granted leave to appeal the High Court decision,” she said.

“I have not met with Persimmon Homes since that decision was made. 

“There are various reasons for that.

“I take legal advice from our legal officers and I work very closely with our officers on this.

“We are open to continuing conversations but if it’s not appropriate, and taking the advice of my officers, then I will not pursue it,” she said.

Worthing West MP Sir Peter Bottomley, who has raised the issue several times in the House of Commons, said he was ‘disappointed’ at Persimmon’s decision to appeal.

“Everyone understands that the Goring Gap, Chatsmore Farm, must be preserved as open space,” said Sir Bottomley.

Worthing West MP Sir Peter Bottomley Official Portrait, 2020

“I recommend that anyone who has got a bit of spare money should consider buying a share, one share in Persimmon and trying to attend the annual meeting to explain what the Goring Gap means to Worthing and to Ferring.

“The truth is that [Persimmon] should never have had their appeal considered until the Worthing Local Plan had been approved; the Worthing Local Plan gives protection to the Goring Gap.

“Major planning decisions, major community decisions should not be made as a result of advocacy by high-paid, King’s Counsel lawyers, barristers in front of a Planning Inspector, they should be made on behalf of local people by their elected representatives.

“It’s important to recognise that this protection for Goring Gap, Chatsmore Farm, comes from Conservatives, comes from Labour, comes from non-political people – it’s one of the biggest issues locally.”

Sir Peter expressed concern that ‘no green space in the South of England is going to be safe’ if Persimmon is granted permission to build on the Gap as it could set a precedent for such develoments elsewhere.

“If necessary, government should step in and solve the problem,” the MP added.

Leader of WBC’s Conservative group Kevin Jenkins said:

“The fight to resist the planning application by Persimmon Homes on the Goring Gap remains one of the most significant threats to green open spaces in Worthing.

“Earlier in July councillor Cooper, in her role as council leader,  publicly committed to enter into discussions [with Persimmon].

“The fact that last night she has admitted that she has failed to keep to that promise speaks volumes about just how hollow those words were.”

Mr Jenkins believes that the draft Local Plan has been progressed to such an extent that its designation of Chatsmore Farm as a ‘Green Gap’ should be respected.

Persimmon Homes has been approached for comment.