North Somerset Council has taken its fight to the High Court in a bid to overturn a planning inspector’s decision allowing the construction of 190 homes on flood-prone land in Yatton. The contested site lies within flood zone 3a, classified as having the highest risk before being designated a functional flood plain.
The permission granted to developer Persimmon in March has raised serious concerns, as it threatens to undermine the council’s longstanding commitment to avoid building in flood zones. The ruling could set a critical precedent affecting flood zone development policies nationwide.
A council spokesperson expressed deep disappointment with the inquiry’s outcome, emphasizing the national significance of its potential impact. “The decision jeopardizes our local plan’s framework and may influence planning applications in flood zones across England. We have initiated a statutory review under Section 288(1) of the Town and Country Planning Act and await the court’s response,” they stated.
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The local plan, which guides development for the next two decades, has faced repeated delays due to shifting government housing targets. Recently, the Labour government raised North Somerset’s housing obligation to 23,895 new homes by 2040—approximately 1,593 annually. With much of the district constrained by green belt designations, protected landscapes, and extensive flood zones, the council is under pressure to identify new areas for growth, including potential green belt releases near Bristol.
Yatton’s local councillor, Steve Bridger, warned that the inspector’s ruling “blows a hole in the spatial strategy” of the emerging local plan, which had deliberately excluded flood-prone sites. The planning inspector, David Prentis, justified his decision by stating that some flood risk areas must be allocated to meet housing needs.
Persimmon’s appeal came after North Somerset Council failed to determine the application within the statutory time frame. The council had intended to refuse permission due to flood concerns and scale.
Located just five meters above sea level at Yatton Batch, the site would be raised to mitigate flood risk. The development promises half of the homes as affordable housing, extensive open space including orchards, play areas, and efforts to enhance biodiversity. Inspector Prentis concluded that the broader sustainability benefits outweigh the flood risks, noting that in a severe one-in-200-year flood event, the homes would not exacerbate flooding locally.
While modeling predicts that, in the event of future breaches of sea defenses, floodwaters would take 42 hours to reach the development, allowing for resident safety precautions, concerns remain prominent.
Lord Charlie Banner KC, representing Persimmon at the inquiry, hailed the approval as a “hugely important” decision for the planning and development community, underscoring its far-reaching implications.