11:15AM, Saturday 18 December 2021
The Supreme Court has rejected a bid to quash Legoland Windsor’s planning permission to build a ‘Holiday Village’ in a woodland setting.
Legoland’s plans for a multi-million-pound expansion could include 450 lodges for overnight stopovers by Windsor Great Park.
Plans were recommended for refusal by council planning officers in 2017, who felt there would be ‘significant encroachment’ into the countryside.
Going against officer recommendations, councillors on the borough-wide development panel decided to give the plans the green light, in view of the benefits to the local economy.
Permission was granted 11 months later.
The Berkshire branch of countryside charity Campaign to Protect Rural England (CPRE) decided to object to the decision via a judicial review at the High Court.
It said that the council did not undertake an appropriate examination of the development’s impact on trees.
However, the challenge was dismissed, as the judge felt an appropriate assessment would not have affected the permission and there would be ‘no harm’ to ancient and veteran trees.
CPRE Berkshire went to the Court of Appeal earlier this year but appeal judges also rejected the case.
In a final bid to stop the development, CPRE went to the Supreme Court – but again, its arguments were rejected.
The result means that Merlin Entertainments, operators of Legoland, can finally go ahead.
Helen Bull, divisional director of Legoland Windsor, said: “Justice has prevailed. This result has been a long time coming. No one could have envisaged that we would have had to wait almost four years to start work.”
A Merlin spokesperson added: “It has been hugely frustrating that our approved plans to boost Windsor’s economy have been held up by a third party who did not even object to the development proposals in the first place.
“If the Government is serious about making the UK a more attractive place to invest, it needs to make sure that our planning system is fit-for-purpose.”
The company plans to write to the minister for Levelling Up, Housing & Communities, urging him to introduce ‘fundamental changes’ to prevent a repeat of what it has faced.
David Over, member of the executive committee for the Berkshire branch of CPRE, said: “We wish the result had been different. It sets an undesirable precedent. The application was contrary to the national greenbelt policy.”
However, he feels the group has had ‘a small victory’.
“The court said there should be a 20m buffer between the site and the trees in the park,” he said.
“That’s something the council didn’t offer. It’s more protection for ancient trees – so we have managed to salvage something out of this.”
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