Water Neutrality Decision Upholded by High Court in Historic Judgment

In a recent ruling, the High Court has dismissed an appeal by Wayne Ward and his wife, who sought planning permission for a mobile home and a stable block in Horsham, West Sussex. The court's decision upholds the council's refusal and underscores the importance of water sustainability in development planning.

The applicants' initial application was refused in 2019, prompting an appeal. However, their case became more complex when they moved onto the site without permission in December 2020. This action further complicated their appeal.

The claimants were required to provide a water neutrality statement after Natural England issued new guidelines in September 2021. The goal of water neutrality is to balance water demand so that any new consumption by new properties is offset by water savings elsewhere within the same area. According to Natural England, water neutrality means that for every new development, the total water use in the region after the development must be equal to, or less than, the total water use in the region before the development.

The planning inspector dismissed the appeal based on Natural England's advice, stating that only lawful developments are exempt from water neutrality rules. The applicants challenged this decision, arguing that the inspector was wrong to exempt only lawful developments. However, Deputy High Court Judge Dan Kolinsky KC rejected these arguments, stating that the planning inspector's decision was lawful.

The court also dismissed the claim for split permission (granting part of the development) because it wasn't requested during the appeal. The court's decision further reinforces the critical role of water neutrality in planning decisions.

The court didn't specify how long the appeal pause should last, what to do if no better solution appeared, or how to explain the reason for pausing to everyone involved, making it unclear for the inspector to accept the proposal to pause the appeal.

The High Court's decision follows a similar ruling in West Chiltington, West Sussex, where the court dismissed a planning application for "one residential unit and stable block." This case, like the one in Horsham, highlights the importance of adhering to water neutrality rules in development planning.

In regions facing water scarcity, such as parts of southern England and urban developments aiming for sustainability, a "water-neutral development concept" is applied. This means planning and constructing in a way that the total water consumption and impact on water resources is balanced by water-saving measures, recycling, or replenishment, so that no net additional water stress occurs.

The High Court's decision underscores the need for developers to consider water neutrality in their plans, ensuring that new developments do not exacerbate water scarcity issues. As more developments are planned, it is crucial that they are designed with water sustainability in mind to ensure a balanced and sustainable future for all.