Stonegate Homes Ltd and Littleworth Properties Ltd v Horsham District Council and Henfield Parish Council [2016] EWHC 2512 (Admin)

Acting for client on successful High Court challenge of Neighbourhood Plan – one of the first successful challenges to a Neighbourhood Plan. Stonegate Homes’ case was brought on grounds including that the council had failed to lawfully assess reasonable alternatives to the spatial strategy as established by the Neighbourhood Plan and, in particular, the alternative of permitting development on the western edge of the village. It also claimed that the council had failed to consider any alternatives to the Built-Up Area Boundary (BUAB) established in the plan and had failed to act rationally in selecting the boundary. The judgment found that the decision to discount land on the western edge of Henfield for inclusion as a potential housing site in the plan was flawed, "based as it is upon an inadequate, if that, evidence base". With regards to the BUAB, the judgment said that there was no explanation "as to why the proposed delineation is preferred to any alternatives".