North Somerset Council’s high-profile legal attempt to block a housing development on flood plains has been overturned by the High Court. The decision marks a significant moment that could influence how future planning applications in flood zones are handled.
In March 2025, the developer Persimmon secured planning permission on appeal to build 190 homes in Yatton, a village within North Somerset, on land designated as flood zone 3a—the highest risk zone before the functional flood plain. The council objected to this decision, launching a statutory review due to concerns about flood risks and the potential impact on future development policies.
Persimmon originally submitted the application in March 2023, but North Somerset Council failed to make a timely decision, prompting Persimmon to appeal to the planning inspectorate. The council stated it would have rejected the plans based on flooding risks and the project’s scale.
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Despite these objections, planning inspector David Prentis granted permission, reasoning that meeting district housing needs would necessitate using some sites within flood risk areas. He noted that, in the event of a high tide breaching sea defenses, it would take approximately 42 hours for floodwaters to reach the site, providing ample warning for residents.
North Somerset Council criticized the decision as “irrational,” arguing that flood zone regulations had not been properly applied. However, the High Court found no legal errors or lack of reasoning in the approval. Mrs Justice Jefford, delivering the judgment on June 12, confirmed the legality of the inspector’s decision.
The Yatton Batch site lies just five meters above sea level. Persimmon plans to elevate the construction area to reduce flood risks. The development will include 50% affordable housing, with 70% of the land retained as open space featuring orchards, children’s play areas, and biodiversity enhancements.
Representing Persimmon throughout both the planning inquiry and the High Court review was Lord Charlie Banner KC of Keating Chambers. He described the original appeal’s outcome as “hugely important” and anticipated the ruling would attract considerable interest within the planning and development community.