North Somerset Council’s legal attempt to block housing development on vulnerable flood plains has been overturned by the High Court in a ruling described as “nationally significant.”
In March 2025, Persimmon secured planning permission on appeal to construct 190 homes within flood zone 3a — the highest flood risk category before the land is designated a “functional flood plain” — in the North Somerset village of Yatton. The council challenged the decision through a statutory review, concerned about the precedent it could set for approving developments in flood-risk zones.
Persimmon originally submitted their planning application in March 2023, but North Somerset Council failed to reach a decision within the required timeframe, prompting Persimmon to appeal to the planning inspectorate. The council expressed strong objections based on flooding risks and the scale of the development.
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Despite these concerns, planning inspector David Prentis granted permission, acknowledging the necessity of allocating some flood-risk sites to meet the district’s housing demands. He emphasized that, in the event of a severe high tide breaching sea defenses, floodwaters would take approximately 42 hours to reach the site, providing future residents adequate warning.
The council labeled this outcome “irrational,” arguing that the inspector had misapplied planning rules related to flood zones. However, the High Court, led by Mrs Justice Jefford, found no legal error or lack of proper reasoning in the decision, confirming Persimmon’s right to proceed.
The affected fields at Yatton Batch lie just five metres above sea level. Persimmon plans to elevate the land to protect homes from flooding, with half the properties designated as affordable housing. Moreover, 70% of the site will remain open space featuring orchards, children’s play areas, and biodiversity enhancements.
Lord Charlie Banner KC, representing Persimmon during both the appeal and High Court review, hailed the original March 2025 decision as “hugely important” and predicted its impact would be substantial within the planning and development sectors.