Stockport Council has been ordered to pay £28,000 after a High Court judge rejected its legal challenge to the approval of the Woodford Garden Village development.
Background to the legal dispute
The planned development on the former Woodford Aerodrome site would deliver up to 775 homes, together with a new pub, an extra care unit and a primary school if planning consent proceeds. The scheme was initially refused by the council but permitted on appeal by the Planning Inspectorate, which found that the benefits included housing delivery and public open space.
Judge criticises council's case
In a judgment handed down on 15 July, Justice Timothy Mould dismissed the council’s application for a judicial review of the inspector’s decision. The judge found that the council’s principal legal argument identified no arguable error of law.
“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.”
He added that the council’s suggested alternative measures carried no legal weight and reiterated the established principle that an alternative development offering extra benefits does not itself justify refusing a scheme that is otherwise acceptable in planning terms.
Council response and next steps
The council said it was "incredibly disappointed" with the ruling and has confirmed it will pursue an appeal, meaning further legal costs are likely. In the meantime, the authority has been ordered to meet the successful party’s legal costs, formally set at £28,000.
- Development: up to 775 homes plus community facilities
- Council action: initially refused planning permission, then sought judicial review
- Court outcome: judicial review dismissed; costs order of £28,000
Local implications
The decision has a number of local consequences. Financially, the council faces an immediate bill and the prospect of additional expense if it proceeds with an appeal. Politically, councillors who opposed the development will need to explain the strategy that led to litigation being pursued despite the appeal inspectorate’s approval. For residents of the Woodford area and surrounding communities, the ruling clears a further legal hurdle towards the scheme moving forward, though practical delivery of houses and community facilities remains some way off.
| Item | Detail |
|---|---|
| Homes proposed | Up to 775 |
| Other facilities | Pub, extra care unit, primary school |
| Court decision date | 15 July |
| Costs awarded | £28,000 |
For now, the ruling stands while the council considers its next move. Any appeal will prolong uncertainty for all parties and could increase public expenditure. The case underlines the legal limits on local authorities when their preferred planning outcomes conflict with the findings of inspectors and the established tests of planning law.
