Judicial review sought over plans for 765 new homes

The Up Mudford urban extension was granted outline approval for 765 homes to be built north of Primrose Lane, Yeovil
- Published
Plans to build hundreds of homes on the edge of a town could be put on hold for a judicial review.
In February 2024, Somerset Council awarded outline planning permission for the Abbey Group to deliver the Up Mudford urban extension of 765 homes, north of Primrose Lane, Yeovil.
Plans also included commercial space, a community hub and an extension to Primrose Lane Primary School, with legal agreements signed off by the council in mid-July.
However, Robin Bowring, who sits on Mudford Parish Council, said the "loosely worded" legal agreement "falls well short of the normal standard".
Mr Bowring claimed the Section 106 agreement was signed before the parish council had been able to take legal advice to challenge its contents and agree a formal response.
The parish council issued a pre-action protocol (PAP) letter to Somerset Council, stating it was intending to push for the legal review, as reported by the Local Democracy Reporting Service.
In response, a barrister looked over the action for Somerset Council, and the parish council voted unanimously on 19 August to proceed to the next stage of a judicial review.

Planned Access Points to The Up Mudford Development Site In Yeovil
The Friends of Mudford Action Group (FOMAG) has repeatedly opposed the development over concerns it could worsen localised flooding, overwhelm local facilities and increase traffic, and because it lacks low-cost homes for local people.
FOMAG chairman James Cary said: "We're not against development – people need places to live, and it would be great if people could live and stay in the area.
"[But] we're very concerned about flooding and sewerage – in the last year, that has been really brought home."
In addition to the judicial review, the parish council said it will be making a formal complaint to the Local Government and Social Care Ombudsman (LGSCO) regarding the lack of consultation over the Section 106 agreement.
Mr Cary said that FOMAG would be fundraising in the coming months to support the parish council's judicial review.
The decision on whether the judicial review case will be heard could be made at any time up to Christmas, Mr Bowring said.
"When we hear whether our challenge will be heard, we can still decide if we want to pursue it – or if the other side will decide to capitulate, which is highly unlikely," he said.
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- Published24 October 2024
- Published15 October 2019