... and transfer them to the Watford Health Campus – a judgment that could have implications for similar development sites across the country.
In the long-running dispute, Watford Borough Council had claimed that its plans to build 750 homes and commercial buildings in a new mixed-use development on a site behind Watford Football Club would not be viable if it was unable to build on the allotments. The allotment-holders, who opposed the move, won an appeal against the Council’s first plan in August 2013, when Mr Pickles reversed his decision to grant permission to transfer the allotments. However, this was reversed in December 2013, when Mr Pickles accepted a revised scheme.
In April 2014, the allotment-holders won the right to challenge the decision, and the High Court has now held that the development plans had changed significantly since consent was initially given and, importantly, Watford Borough Council had not kept Mr Pickles updated on the changes made to the number of homes that would be included in the development (i.e. an increase from 600 to 750 homes). The High Court concluded that this could have made a difference to Mr Pickles’ decision on whether the use of the allotment land was necessary to make the scheme viable.
It is thought that this is the first time a court has overturned a decision to allow development on allotments.
This may not be the end of the story: Watford Borough Council must now decide whether to put forward the application to Mr Pickles for reconsideration.
A copy of the High Court ruling is here.