PLANS to build 130 houses in a tiny village on the Dorset/Somerset border hang in the balance after residents launched a legal challenge.
Barratt David Wilson Homes secured planning permission on appeal in 2018 to build the homes at the Townsend Green site on Woodhayes Way in Henstridge, located on the busy A357.
This was approved despite concerns that as the development would be located to the south of the village, any future residents would have to walk along the A357, which has no footpath in places, and battle with the oncoming cars and HGVs.
A key condition of the planning approval granted by the Planning Inspector was that pedestrian safety concerns should be resolved and agreed to by the local authority prior to construction starting.
However, suggestions put forward, such as a traffic light scheme and a yellow box scheme, were dismissed or proved unworkable by Somerset Council’s highways department.
Failed solutions over the years eventually saw the five-year time limit on the planning permission lapse, which prompted the developer to apply for the removal of the condition, which was subsequently approved by the council’s planning officers through delegated powers.
READ MORE: Henstridge highway campaigners prevail
READ MORE: Fresh bid to allow work to start on 130 homes in Henstridge
This removal of the condition is the catalyst for the Judicial Review that was organised by Paul Dimishky from the A357 group, which opposed the development since 2017.
Paul said: “The traffic light scheme was dismissed by highways and other schemes suggested, including a yellow box scheme, were tried but proved unworkable.
The A357 through Henstridge Picture: Google
“This safety scheme needed agreement before development commenced.
“Barratt failed to do this and commenced development illegally just prior to the final date that the permission expired. Barratt subsequently applied for a certificate of lawfulness to make their illegal start legal.”
Paul said that this application was submitted to Somerset Council but was incorrectly drafted.
Rules prevented Henstridge Parish Council from taking up legal proceedings, so Paul decided to commence proceedings as an individual in December 2024.
He said: “This case is about small village in Somerset, but the circumstances are not unique to Henstridge.
“Councils across the land are facing large development companies wishing to build in inappropriate places.
“Councils find themselves in the position where they are either unwilling or unable to reject such applications.
“This is partly related to bias in favour of developers and often the inability to fund a defence against court actions.”
The hearing is expected to take place towards the end of the year, and a Crowdfunder page has been set up to cover the £50,000 in predicted legal costs for the hearing.
Paul added: “This case is about small village in Somerset, but the circumstances are not unique to Henstridge.
“Councils across the land are facing large development companies wishing to build in inappropriate places.
“Councils find themselves in the position where they are either unwilling or unable to reject such applications.
“This is partly related to bias in favour of developers and often the inability to fund a defence against court actions.”
To make a donation to this Crowdfunder, visit www.justgiving.com/crowdfunding/paul-dimishky.
As a 21 year old who one day dreams of getting on the property ladder I say to you conceded people against building new homes where on earth would you like them to go? There is already a deficit of homes for people so stop being selfish and think about the next generation!
Your neighboring village, Templecombe had planning permission granted for 49 houses on agricultural land upon West Street. This followed an appeal, then based upon the personal recommendation of the planning officer, it was granted. 1/ This is one person’s decision is not democratic. 2/ this land has been farmed for the last 200 years. 3/ the information supplied to acquire the planning was blatantly not true. Evidence to outline this was ignored. It is up to Planning Officers to carry out their job responsibly. This is not a case of “not on my doorstep” just common sense. We are in support of your case.
Henstridge needs a bypass, not mre cars.
You are right, we need a bypass