High Court rejects 200-home development near Essex coast

The High Court in London has blocked plans to build a 200-home estate near the Essex coast. Thorpe Hall Leisure Ltd, the owner of the Lifehouse Spa and Hotel in Thorpe-le-Soken, near Clacton-on-Sea, has been seeking planning permission to develop land near the hotel. Specifically, it wants permission for 200 dwellings, a three-hectare park and associated infrastructure. Although it is seeking permission, it doesn’t plan to build the development itself. The local planning authority, Tendring District Council, initially rejected the plans. Thorpe Hall Leisure appealed, and in April a planning inspector dismissed the appeal. The company appealed to the High Court, and today High Court Judge Sir Duncan Ouseley also rejected the appeal. At the heart of the case is the potential damage that could be done to the habitat of rare birds. Almost all of the Essex coastline is protected, and the appeal site is a little over 2.5km away from the Hamford Water conservation site. According to the ruling, Natural England and Essex County Council have concerns that development near protected habitats could encourage people to use the protected habitats for recreation, and as a result they are putting in place plans to mitigate this. In her decision letter, the planning inspector found that she was “unable to conclude” that the proposed development “would not adversely affect the integrity” of the wetlands. This was a factor in her decision not to recommend the project. In his ruling, Ouseley J found that, while the inspector had made some errors of interpretation, they would not have affected her decision. He dismissed the appeal. Thorpe Hall Leisure Ltd v Secretary of State for Housing, Communities and Local Government Planning Court (Sir Duncan Ouseley), 15 January 2020