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Judicial Review Threatens Future of 765-Home Yeovil Expansion

A major housing project on the outskirts of Yeovil, proposed to deliver 765 homes along with commercial space and community facilities, is facing serious obstacles as a judicial review looms.

The Abbey Manor Group secured outline planning permission from Somerset Council in October 2024 for the Up Mudford urban extension, located north of Primrose Lane. The development includes homes, a community hub, commercial areas, and an extension to Primrose Lane Primary School. After months of legal negotiations, the council approved agreements in mid-July to improve walking and cycling access along key nearby roads.

However, Mudford Parish Council has pushed back, initiating a judicial review that could halt the project. The Friends of Mudford Action Group (FOMAG) has been vocal in opposing the development, citing concerns over increased flooding risk, strain on local services, heightened traffic, and insufficient affordable housing.

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At a meeting held on September 11, FOMAG updated residents on their ongoing efforts to prevent the development. FOMAG chairman James Cary emphasized the importance of housing but stressed environmental and infrastructure worries: “We’re not against development – people need places to live, and it would be great if people could live and stay in the area. We’re very concerned about flooding and sewerage – in the last year, that has been really brought home.”

Mudford Parish Council member Robin Bowring criticized the Section 106 legal agreement underpinning the development as “loosely worded” and falling short of national planning policy standards. He highlighted the absence of review mechanisms, unresolved financial viability issues, and disregard for the council’s policies. Bowring also claimed the agreement was signed before the parish council could seek legal advice.

Following these concerns, the parish council issued a pre-action protocol letter to Somerset Council, signaling intent to pursue a judicial review. After reviewing the council’s response with legal counsel, the parish council unanimously agreed on August 19 to move forward, with anticipated costs totaling at least £22,000.

Bowring explained the timeline and potential expenses: “The High Court in Cardiff is slow to respond; we may wait until October or even Christmas for a decision. A one-day hearing could cost up to £45,000, with an additional £35,000 required if the developer appeals.” Protections under the Aarhus Convention, however, limit the parish council’s financial risk to £10,000 should the judicial review fail.

In addition to legal action, Mudford Parish Council plans to formally complain to the Local Government and Social Care Ombudsman regarding a lack of proper consultation during the approval process. A letter expressing concerns and requesting meetings with Somerset Council’s chief executive and local MPs has been circulated, seeking support against what is described as dismissive behaviour from planning officers.

Cary stressed that the issue extends beyond Mudford: “While the parish council is leading this effort, other local parishes have a stake in this due to widespread problems with the development.”

The Up Mudford project is linked to a neighboring development on A359 Mudford Road, where 252 homes were approved in March 2024. This site, accessed via a new roundabout also serving the Abbey Manor development, depends on the success of the Up Mudford site for amenities and infrastructure. Cary added, “That development cannot proceed without the Up Mudford site going ahead because of all the amenities it will provide.”

As the legal process unfolds, local residents and groups remain vigilant, hoping to ensure that any new development balances growth with the well-being of the community and environment.

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