Silver Hill appeal granted

The Court of Appeal yesterday heard developer Henderson’s application for permission to appeal the decision on the Judicial Review of the Winchester Silver Hill scheme.

Permission to appeal has been granted to Henderson on each of the grounds they submitted in relation to the 2014 scheme.

It is expected that the matter will now proceed to a full hearing before the Court of Appeal.

Cllr Stephen Godfrey, the Leader of Winchester City Council, said:

I am pleased that this judgement of a senior court has drawn attention to the complexity of such a case. Whilst some may continue to assert that the Council has acted unlawfully, it is clear that there are significant questions of law to be tested.

The Courts will examine further matters which formed the basis of the legal challenge to the Council’s actions and clarify our legal position, which is now not clear. Whatever the eventual outcome of this appeal, I hope that this decision will allow the Council to focus on delivering major improvements to this run-down part of town for the residents of Winchester.

The judgement does not at this stage overturn the previous finding, but it does mean that, in the Court’s view, there are significant questions of law and fact to be tested.

Cabinet will consider in December how they wish the City Council to proceed, taking into account this latest judgement.