CAMPAIGNERS have been given new hope in their battle against a massive new housing development to be built on Hampshire countryside.
Botley Parish Action Group (BPAG) has been given permission for a judicial review into Eastleigh Borough Council decision to back plans for 1,400 homes at Boorley Green near Botley.
The pressure group succeeded in persuading the Court of Appeal that its case should go back to the High Court for judicial review.
It has previously argued that it was unfair for Eastleigh Borough Council to use the fact that it had failed to ensure a five-year supply of land for development and to ensure a current Local Plan was in place in time to justify its decision to grant the homes plans.
It also argued the council had breached European law on environmental impact assessment and that other sites are more sustainable.
But their application was not accepted by a High Court judge at a hearing in May.
However, following legal advice, campaigners decided to appeal, which has now been granted.
In a statement BPAG said it was “delighted”.
“This was the best possible outcome we could have hoped for,” a spokesman said. “We have always believed we have an arguable legal case to challenge the premature grant of permission ahead of the examination of the Local Plan in public.
“We are convinced Boorley Green is not an appropriate option for development of this scale due to its remoteness to services, transport and education, and the lack of infrastructure which is already overloaded. There are better alternatives.”
The plans were given the go-ahead last year despite a mass rally through the streets of Botley.
BPAG fear the homes would swamp Boorley Green, change Botley and increase traffic with no infrastructure to cope with this.
Eastleigh council leader Keith House has argued the development would bring more facilities to Boorley Green and help protect other countryside areas.
Eastleigh Borough Council leader Cllr Keith House
However, Sue Grinham of BPAG says 89 per cent of the residents who responded to its survey did not want these services at the cost of development and that no countryside gaps in Botley were being protected.
Cllr House said the council was “extremely disappointed” by the decision.
He added: “It is in the nature of the legal system to test arguments and all this does is create additional delay rather than change any decision.
“We will be robustly defending our decision and are confident that it will be upheld.”
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