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Council loses Woodford Garden Village case but plans to lodge further appeal

Local News by Ed Barnes - Local Democracy Reporter 1 hour ago  
Stockport Council has been ordered to pay £28,000 after a legal bid to stop new homes being built failed (Image - Royal Pilgrim Communications)
Stockport Council has been ordered to pay £28,000 after a legal bid to stop new homes being built failed (Image - Royal Pilgrim Communications)
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Stockport Council has been ordered to pay £28,000 after their legal bid to stop new homes being built failed.

Now the local authority will now spend even more money appealing the latest court decision.

The Woodford Garden Village on the former Woodford Aerodrome would include up to 775 homes, a new pub, an extra care unit, and a primary school if given the go ahead. However these plans have been controversial due to the potential impact on the surrounding countryside with opposition from people living in the area as well as councillors.

The development was refused by Stockport Council and then allowed on appeal due to the delivery of new housing and public open space. However the local authority had asked for the Planning Inspectorates decision to allow the development to go ahead to be judicially reviewed.

That legal review has now been thrown out in a July 15 High Court decision with the council being ordered to pay £28,000 in costs. In a decision, Justice Timothy Mould said the council's 'overarching submission under this ground identifies no arguable error of law'.

Criticising the council over education and sports provision, he said: "An obvious and perfectly lawful approach to resolving that issue was to ask whether the contributions towards education and sports infrastructure proposed by the developer were acceptable."

The council's alternative proposals were deemed as having 'no legal significance', adding: "It is trite law that where proposed development is judged to be acceptable for planning purposes […] the fact that an alternative scheme of development may bring additional benefits or advantages is not a proper basis for the refusal of planning permission."

Matthew Shrigley, who made the decision to grant planning permission on behalf of the Planning Inspectorate, was praised for his 'legally impeccable' and 'unimpeachable in law' approach with their arguments 'both reasonable and sufficiently explained', adding: "The inspector is not writing an examination paper in which he is obliged to resolve every point of dispute arising on the evidence."

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A suggestion by the council around delivery about the planning inspector's approach was slammed as 'unarguable'.

Steve Neal, Harrow Estate's Planning Director, said: "The challenge by Stockport Metropolitan Borough Council of the Planning Inspectorate's approval of the Woodford Garden Village extension was rejected by the Courts on July 12 2026, and they have had costs awarded against them.

"However, the law allows a further challenge of this decision which Stockport have decided to pursue. The matter will now be considered at a hearing in the Royal Courts of Justice later this year.

"We must now wait for the conclusion of this process before continuing to deliver much-needed new homes."

Cllr Jake Austin, Cabinet Member for Housing and Environment, said: "The council was incredibly disappointed to receive the decision of His Hon. Mr Justice Mould to refuse permission to apply for the judicial review.

"We can advise that we have already applied for renewal and that the courts have agreed. The associated oral hearing will take place later this year."

     

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