A DEVELOPER who was refused planning permission to demolish two houses at Four Marks and build up to 14 homes in their place has failed in a High Court challenge. Antler Homes Wessex Ltd had sought a fresh opportunity to secure planning permission to demolish 54 and 56 Telegraph Lane, and to build an 11 or 14-home cul-de-sac-style development by taking in the garden of 58 Telegraph Lane. The company's plans met with rejection first from East Hampshire District Council and then from a Government planning inspector. Antler appealed to the High Court last Wednesday hoping to win a ruling from judge Justice Collins quashing the refusal of planning permission, and ordering the country's planning supremo, Secretary of State for Communities and Local Government Hazel Blears, to have the matter reconsidered. But the appeal failed. The court heard that, in the view of the planning inspector the proposal would represent a "major change" for the site, and introduce more intensive development with a cul-de-sac access to homes at the rear. He found it would be visually damaging to the area and the street scene, and would be "wholly out of keeping" with the rest of Telegraph Lane. Antler, which has a conditional contract to purchase the site from the owners of the properties, claimed the inspector's decision was contrary to planning policy, and that he had failed to identify any sufficient material considerations relating to the development to justify it. But the judge ruled that "in exercising his planning judgement" the planning inspector had been entitled to reach the decision he did. The High Court ruling has been a relief among Fight4FourMarks campaigners who fought long and hard to prevent what they believed would be "the beginning of the end" for the village if Telegraph Lane was to fall into the hands of "in depth" developers. They believe that the high density development being introduced along the A31 Winchester Road is already more than the local infrastructure can cope with. What the village needs, they say, is "more affordable low cost housing and fewer high density, high cost homes." The campaign's two year track record is impressive, with over 75 per cent of cul-de-sac applications being refused by EHDC and a 100 per cent record with the six appeals resulting from those applications. But they are particularly delighted with the High Court dismissal of the Antler Homes application for 54 to 58 Telegraph Lane. On behalf of Fight4FourMarks, Simon Thomas said he hoped that developers like Antler would now get the message: "F4FM said no, other residents said no, the Parish Council said no, EHDC said no, the Planning Inspectorate said no, and now the High Court Judge has said no too." In his opinion, this was an example of how local residents had given a mandate and support to parish and district councillors who had worked hard to make the right planning decisions for Four Marks and "to prevent inappropriate 'garden grabs' for quick profits".
