Barbara Atwill wins judicial review over New Forest National Park Authority's handling of home Paysanne, built at Godshill

A WOMAN has won a judicial review against the national park authority over the way it handled the case of a house built near her home at odds to the original plans.

The decision is the latest twist in the five-year planning wrangle at a site in Godshill, near Fordingbridge.

Barbara Atwill went to court claiming the NPA should have ensured an entirely new application was submitted for the home, Paysanne, rather than allowing the owner to submit a revised plan.

Now Mr Justice Lane, after a hearing in the High Court on 23rd March, has ruled in Mrs Atwill’s favour.

Mrs Atwill has also launched a £20,000 fundraising webpage to recoup her costs.

She told the A&T: “I believe the NPA, as custodians of our precious New Forest, have a responsibility to adhere to the policies they themselves set.

“This judicial review was necessary on two fronts: to challenge the decision taken by the NPA to ignore their own policies in permitting such harmful development from carrying forward, and to ensure the correct baselines are considered in the associated appeals and any further applications relating to the Paysanne site.”

Barrister Celina Colquhoun had argued on her behalf that the unlawful development caused “significant harm” to the amenity of her property, and those of others living in the area.

She also drew attention to the fact that the built dwelling did not accord with permission previously granted and that, due to a number of discrepancies, approval was impossible to implement.

In response, the NPA’s executive director for strategy and planning, Steve Avery, said it was “disappointed by the outcome of this challenge to its planning decision in July 2022”.

He added: “In determining the application, the NPA sought to reach a solution to the various planning issues at the site, but we accept the court’s decision.

“We are currently taking stock as to how we will deal with these types of applications going forwards.

“In the meantime, the applicant has lodged an appeal against the non-determination of the most recent planning application and this will be considered together with the enforcement appeal which is due to be heard by the Planning Inspectorate on 14th June.”

As reported in the A&T, the wrangle began in 2018 when Angela Vickers and husband Ian, who later died, were granted permission for a new three-bedroom home on the site.

The building ended up 1.2 metres longer than agreed, on a different orientation and location, and with unauthorised changes to the roof, which triggered the NPA to serve an enforcement notice against the breach.

This was appealed, however, and a public inquiry is due to be held in June.

In an attempt to resolve the situation, a bid to amend the first application was submitted and approved by the NPA’s planning committee last year.

Alterations to the building included making a “significant reduction” of the front and side gables and a stairwell window, and the property’s floorspace would also be reduced to 160 square metres, which was the size originally approved for the site in 2018.

Mrs Atwill requested the judicial review into how the NPA had handled the issue, arguing that instead of seeking to vary the first plan, Mrs Vickers should have made an entirely new planning bid.