On 21 August 2024, Waverley Borough Council approved the change of use for The Villagers Public House (Volunteer Arms)- WA/2024/00149). Many Blackheath residents with the support from the Blackheath Village Society, the Parish Council and our MP Jeremy Hunt are seeking funding for a Judicial Review to challenge this decision.
A Judicial Review examines whether the decision was made lawfully, not the merits of the decision itself. The initial stage of this process, including a pre-action letter will cost £9,000 to cover legal costs and we have instructed Keystone Law to act on our behalf. If the Council do not concede to our claim and matter proceeds to litigation there will be a second stage of fund raising by the Blackheath Village Society.
Our main argument is in respect to the non-compliance of strict planning conditions attached to Planning Consent WA/2017/1853, which required the pub/cafe to be renovated in accordance with the proposed plans. Even though a Breach of Condition Notice was issued on 7 November 2021, this was never enforced by the Council.
Other concerns include the applicant’s failure to comply with Policy ICS1(3) of the Waverley Local Plan, which mandates consultation with the community and service providers. This omission mirrors the case of Stuart Danning v Sedgemoor District Council [2021], where a decision was overturned on Judicial Review.
More information can be obtained from our village website at https://www.blackheathsurrey.co.uk/village-pub