Henstridge residents launch legal challenge after Somerset Council’s actions raised questions about planning integrity and accountability
We’ve written about Henstridge and its planning issues on previous occasions: most notably the apparent disregard for safety on the A357. We left this story in late summer last year when residents were rightly angered that developers appeared to have secured planning permission for 130 houses on a technicality. However, recent developments show that the village of Henstridge is biting back, and the case could have implications for other communities across the country.
Why Henstridge is concerned
Speak to anyone in Henstridge and you’ll hear the same thing: it’s not about opposing new homes – it’s about building the right homes, in the right places, at prices local people can actually afford. However, in Henstridge there’s an added complexity. The A357 cuts straight through the heart of Henstridge – and in places, there aren’t even pavements. Some houses open directly onto the road, built in an era when cars didn’t exist. That’s a world away from today.
In parts, the road narrows to just 13 feet – yet it’s still classified as an A road and regularly used by HGVs following satnav directions. There’s barely room for large vehicles to pass safely, let alone for pedestrians to feel protected. It’s this – the genuine threat to public safety – that lies at the heart of the village’s challenge to a planning application for 130 new homes. The Townsend Green planning application was initially rejected by South Somerset District Council in January 2018. However, it was later approved on appeal by the Planning Inspectorate – with a condition: no construction could begin until pedestrian safety concerns on the A357 in Henstridge had been fully resolved. Over the years, developers proposed various solutions – including yellow boxes and traffic lights – but these were repeatedly dismissed by the parish council as unsuitable. The five-year time limit on the permission eventually expired, prompting the developers to apply for the removal of the key Section 10 condition. This request went back to Somerset Council, which unanimously rejected the application in April 2024.
An appeal was scheduled to be heard by the Planning Inspectorate on 6th October. But the parish council then learned of a behind-closed-doors meeting between Somerset Council and the developers on 29th July.
Just days later, on 6th August, a planning officer agreed to discharge key conditions – in effect, virtually granting permission to build before the appeal had even been heard.
A public meeting was held between the local MP, councillors, planning officers and residents on 7th October, where the planning team accepted things could have been handled differently.
Now, as developers continue to apply to build, the people of Henstridge are determined to fight on for road safety. The village is sending a clear message that pedestrian safety is paramount.
The bite back
Local resident Paul Dimishky has assembled a legal team to fight the case for Henstridge. Just before Christmas, legal proceedings were issued against Somerset Council as the defendant.
Barratt David Wilson Homes are the Interested Party. Somerset Council declined to defend the case and have conceded action. Naturally, Barratt David Wilson as the Interested Party have lodged a statement of resistance (defence) against the claim versus Somerset Council. The final decision will be made by Judicial Review. Paul outlined his reasons for taking legal action:
‘I’ve been involved in this since 2017. I am not against development and this is not a NIMBY issue. The Town and Country Planning Act (1990) Policy applies here, in that pedestrian safety is paramount. When the planning inspector came to Henstridge in 2018 he walked the road to see the situation for himself. And he actually said to me “This is too dangerous. I will walk this on my own. You stay here.”
‘He could see the danger of the road and where people from the south side of the village would have to walk to get to the facilities at the north side of Henstridge. The development was agreed but subject to a Section 10 condition where improvements had to be made before developments commenced.
‘I’m doing this because it is a far wider issue than Henstridge, and has implications for councils and the way they work with large developers all over the country. It’s also about the way that councils working with these large developers cave in to demands. If the developers get away with this … well, it just isn’t right. Unless people stand up to this sort of thing, all hell will let loose.’
The legal campaign is expected to last a year, and Paul says fundraising is already in progress, with a decision on the Judicial Review imminently expected.
‘Our crowdfunding appeal has a target of £10,000 – and we’ve already raised nearly £6,000 through direct donations from more than 100 local households. The level of support from the parish has been incredible. We’ve also got more fundraising events lined up, including an afternoon tea at the village hall on 4th May, and a live music concert in September.
A spokesperson for Somerset Council told The BV: ‘Once the ongoing Judicial Review process has concluded the council can consider what the appropriate actions are in terms of ensuring that the related developments proceed in accordance with planning law and the requirements of planning permissions.’
The situation in Henstridge is something all parish councils should be observing closely, especially those in rural areas. Pedestrian safety and infrastructure are critical to any development and should be in place before large building works begin. It’s time more people started biting back where the safety of pedestrians is compromised and key infrastructure is not forthcoming.
crowdfunding appeal, click here.
