Step closer for development at bowls club after High Court ruling

Three of the country’s leading judges last week rejected a challenge to the scheme by local woman, Anne Marie Loader, who claims the proposal will have significant environmental effects, including a risk of asbestos exposure for surrounding homes during demolition.

She had appealed against an earlier High Court ruling that the Secretary of State for Communities and Local Government was right to decide that a full Environmental Impact Assessment (EIA) was not required for the development.

She had asked the court to quash the decision that no EIA is required in order for the proposed redevelopment of the former Gulliver’s Bowls Club at Knole Road, and order the Secretary of State to reconsider the matter.

However, last July, in a key step towards planning permission being granted for the sheltered accommodation as well as an all-new outdoor bowls green, indoor rink and club facilities High Court judge Mr Justice Lloyd Jones backed the Secretary of State’s view that no EIA was needed.

And Lord Justice Pill, sitting with Lord Justice Toulson and Lord Justice Sullivan, upheld his decision. Lord Justice Pill said that the key question that the Secretary of State’s Planning Inspectorate, considering the case, had to decide was whether the project was likely to have significant effects on the environment.

He continued: “I have no doubt that the Inspectorate was entitled to conclude that the proposed redevelopment would not have significant effects on the environment. Judgment was exercised and reasons given for the decision which justify the conclusion reached.

“Moreover, judgment was exercised, not at the early stage of the procedure when such decisions are often made, but after full consideration of the planning issues by the local planning authority. Full information as to the nature of the proposal and its likely effects was available.”

The High Court judge had described it as a “modest development” in his ruling.

Churchill Retirement Living Ltd was initially refused planning permission by Rother District Council on the basis that the development would be out of character with the area, and detrimental to the streetscape, particularly an adjoining listed terrace.

An inspector then granted planning permission on appeal, but that decision was quashed by the High Court with the Secretary of State’s consent in June 2008 because the inspector had failed to make a screening opinion on whether EIA was required.

In July 2009, the Secretary of State reached the latest decision under challenge, that the proposal does not require EIA, boosting Churchill’s chances of securing planning permission again.

Speaking after the case, Anne Marie Loader said: “My advisors are considering the judgement very carefully and deciding how to proceed.”