High Court win for Hereford Rugby Club

Court win for rugby club

Court win for rugby club

First published in News
Last updated
Hereford Times: Photograph of the Author by , Senior Reporter

HEREFORD rugby club has won the game of its life.

This morning, the Court of Appeal effectively cleared the way for the club’s new home and future.

Plans for a new ground and 190 new homes that would more than double the size of Hampton Bishop today won the court's support.

Three judges rejected Hampton Bishop Parish Council’s challenge to the plan, landing the parish council with a hefty legal bill.

It must pay £25,000 towards Herefordshire Council’s costs of contesting it’s challenges  in the High Court and Appeal Court.

And on top of that the parish council will also have its own legal costs to pay.

But the parish council can still take its case to the Supreme Court

Giving the Court’s ruling this morning, Lord Justice Richards declined to quash Herefordshire Council's decision to grant outline planning permission for the scheme.

The club wants to leave its current Wyeside home for Hampton Bishop  3km away.

This morning’s decision backed a High Court ruling last December that  upheld the planning permission, finding that the council planning committee had approached its decision properly.

The court this morning also rejected a claim that the council breached European regulations by attaching a planning obligation to the permission which will see the existing ground transferred to it for just £1.

The parish council complained that the rugby club was “buying planning permission” and argued that the 190 new homes  will more than double the number of houses in its area.

As planned, the development gives the club an HQ with four adult pitches, two junior pitches, a 3G training pitch, an indoor training facility, a clubhouse and a 400-seat spectator stand.

The parish council claims that the development will completely transform the area concerned and irretrievably change its character.

It branded the council's grant of permission as "unlawful" on the basis it had failed to decide whether the proposal complied with the development plan for the area, and added that it had granted permission against the recommendation of its own planning officers.

However, Lord Justice Richards said this morning that  while councillors  had considered that the development was not in accordance with the local development plan they had taken the view that the departure from the development plan was “justified by other material considerations.”

Rejecting the complaint about the £1 transfer to the council of the existing site, Lord Justice Richards said the existing ground was going to be released as a direct result of the development for which planning permission was sought.

Helping  safeguard the continuation of use of the ground for sport and recreation was, he said,  “far removed” from “buying”’ planning permission but, instead “ fits comfortably” within the requirement that the planning obligation be directly related to the development.

It is still open to the Parish Council to seek to challenge today’s ruling in the Supreme Court.

Comments (13)

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2:33pm Tue 1 Jul 14

B the B says...

Good for them
Good for them B the B
  • Score: 4

6:33pm Tue 1 Jul 14

ad47uk says...

It is a disgrace that some stuck up judge who may have just about where Hereford is can say what can happen here. i wonder if they would feel the same if it was happening where they live?

While it will make no difference to me as I live in the city centre, people go and live in the country because it is quiet and don't expect someone to Come along and build a whole load of houses and a noisy rugby pitch.

i hope the parish council takes it further, then we can have another over paid judge decide on something that they have no idea about.
judges, half of them should be retired, because they have no idea to be honest.
It is a disgrace that some stuck up judge who may have just about where Hereford is can say what can happen here. i wonder if they would feel the same if it was happening where they live? While it will make no difference to me as I live in the city centre, people go and live in the country because it is quiet and don't expect someone to Come along and build a whole load of houses and a noisy rugby pitch. i hope the parish council takes it further, then we can have another over paid judge decide on something that they have no idea about. judges, half of them should be retired, because they have no idea to be honest. ad47uk
  • Score: -25

9:58pm Tue 1 Jul 14

Hereford1978 says...

Great news for the city. Perhaps the author of the previous comment should attend the ground on a weekend on watch the joy on the faces of the 400 children that this opportunity will bring. At least you won't have the crowd in the city this season watching the football team. Have people nothing better to moan about.
Great news for the city. Perhaps the author of the previous comment should attend the ground on a weekend on watch the joy on the faces of the 400 children that this opportunity will bring. At least you won't have the crowd in the city this season watching the football team. Have people nothing better to moan about. Hereford1978
  • Score: 16

10:51pm Tue 1 Jul 14

Mr.Herefordian says...

Great news.
Great news. Mr.Herefordian
  • Score: 10

8:55am Wed 2 Jul 14

fmrbill says...

well Hereford1978 I have been down there so do have the right to comment, whilst it is good news, was does worry me if the club run it like they do down by river its a facility that the city will lose as tbh its rather a clicky club, not welcoming, and getting expense to watch on a Saturday sounds a bit like Hereford united, its not the same people running it is it ??
well Hereford1978 I have been down there so do have the right to comment, whilst it is good news, was does worry me if the club run it like they do down by river its a facility that the city will lose as tbh its rather a clicky club, not welcoming, and getting expense to watch on a Saturday sounds a bit like Hereford united, its not the same people running it is it ?? fmrbill
  • Score: -8

9:06am Wed 2 Jul 14

Hereford1978 says...

£ 5 to watch a game! Cheaper beer! Do not intend to argue this point. Sports provide opportunity to stay healthy, make friends, provide memories and enjoyment. Perhaps you should try?
£ 5 to watch a game! Cheaper beer! Do not intend to argue this point. Sports provide opportunity to stay healthy, make friends, provide memories and enjoyment. Perhaps you should try? Hereford1978
  • Score: 6

9:19am Wed 2 Jul 14

fmrbill says...

Hereford1978 u havent read what I said I have tried thats the point and depends on quality of rugby watching and the level in Hereford in my opinion isnt worth 5 pounds. luctonians only £3 more higher level rugby, more welcoming, more organised. if you not prepared to listen to what people have to say who have been down to Hereford snd their experience then you are certainly doomed to fail at new place. with respect your attitude seemd to stink of the typical Hereford people and how Hereford united has been rung. expect get minus 100 points now and abuse, what to be honest would only highlight my thoughts and experience
Hereford1978 u havent read what I said I have tried thats the point and depends on quality of rugby watching and the level in Hereford in my opinion isnt worth 5 pounds. luctonians only £3 more higher level rugby, more welcoming, more organised. if you not prepared to listen to what people have to say who have been down to Hereford snd their experience then you are certainly doomed to fail at new place. with respect your attitude seemd to stink of the typical Hereford people and how Hereford united has been rung. expect get minus 100 points now and abuse, what to be honest would only highlight my thoughts and experience fmrbill
  • Score: -10

2:55pm Wed 2 Jul 14

All Legs says...

Let's be honest - this isn't about the rugby. It's about NIMBYs who don't want this development near to them and who can afford to pay the fees to continue with their shallow objections. On that basis alone I hope they lose as I am sure they wouldn't object if a new sporting facility was suggested elsewhere in the city! If approved this is going to create a first class sporting venue. Isn't the local school - Bishops - a rugby school? I am sure they could both partner up in some way and over time we could see the development of some real talented players. Where is the positivity about getting our youngsters off the sofas and playing a sport? I understand that the housing, in the main, will be screened by existing and proposed landscaping and that highway access is not an issue. So I wonder perhaps whether the real bone of contention here is the proposed mix of housing - a small element I understand from previous plans published is to be affordable social housing …...? Whatever the reasons then shame on the objectors because so far I haven't seen any substance to any of the objections raised. Good luck Hereford Rugby Club - I really hope your plans turn into reality.
Let's be honest - this isn't about the rugby. It's about NIMBYs who don't want this development near to them and who can afford to pay the fees to continue with their shallow objections. On that basis alone I hope they lose as I am sure they wouldn't object if a new sporting facility was suggested elsewhere in the city! If approved this is going to create a first class sporting venue. Isn't the local school - Bishops - a rugby school? I am sure they could both partner up in some way and over time we could see the development of some real talented players. Where is the positivity about getting our youngsters off the sofas and playing a sport? I understand that the housing, in the main, will be screened by existing and proposed landscaping and that highway access is not an issue. So I wonder perhaps whether the real bone of contention here is the proposed mix of housing - a small element I understand from previous plans published is to be affordable social housing …...? Whatever the reasons then shame on the objectors because so far I haven't seen any substance to any of the objections raised. Good luck Hereford Rugby Club - I really hope your plans turn into reality. All Legs
  • Score: 10

4:45pm Wed 2 Jul 14

fuddled says...

All Legs wrote:
Let's be honest - this isn't about the rugby. It's about NIMBYs who don't want this development near to them and who can afford to pay the fees to continue with their shallow objections. On that basis alone I hope they lose as I am sure they wouldn't object if a new sporting facility was suggested elsewhere in the city! If approved this is going to create a first class sporting venue. Isn't the local school - Bishops - a rugby school? I am sure they could both partner up in some way and over time we could see the development of some real talented players. Where is the positivity about getting our youngsters off the sofas and playing a sport? I understand that the housing, in the main, will be screened by existing and proposed landscaping and that highway access is not an issue. So I wonder perhaps whether the real bone of contention here is the proposed mix of housing - a small element I understand from previous plans published is to be affordable social housing …...? Whatever the reasons then shame on the objectors because so far I haven't seen any substance to any of the objections raised. Good luck Hereford Rugby Club - I really hope your plans turn into reality.
Hi All Legs, how would you like 190 houses and a sports club next to where you live? This development will adversely affect the whole area - already has in fact from an ecological viewpoint as various genera of creatures have already suffered from tree-felling and pond clearing activities prior to consent being granted. There is frequent flooding here, which will be exacerbated by this way out of proportion development - would you be happy for your property to be flooded? Highway access IS an issue as the B4224 is already a busy road with serious pinch points at Mordiford bridge and in Hereford, and serious accidents have already happened close to the proposed site - I just hope that there will not be any worsening of traffic problems and accidents, but I fear that there will be. Don't call people NIMBYs unless you are aware of FACTS and would still be happy to have this sort of development next to yourself, in what currently a pleasant rural area.
[quote][p][bold]All Legs[/bold] wrote: Let's be honest - this isn't about the rugby. It's about NIMBYs who don't want this development near to them and who can afford to pay the fees to continue with their shallow objections. On that basis alone I hope they lose as I am sure they wouldn't object if a new sporting facility was suggested elsewhere in the city! If approved this is going to create a first class sporting venue. Isn't the local school - Bishops - a rugby school? I am sure they could both partner up in some way and over time we could see the development of some real talented players. Where is the positivity about getting our youngsters off the sofas and playing a sport? I understand that the housing, in the main, will be screened by existing and proposed landscaping and that highway access is not an issue. So I wonder perhaps whether the real bone of contention here is the proposed mix of housing - a small element I understand from previous plans published is to be affordable social housing …...? Whatever the reasons then shame on the objectors because so far I haven't seen any substance to any of the objections raised. Good luck Hereford Rugby Club - I really hope your plans turn into reality.[/p][/quote]Hi All Legs, how would you like 190 houses and a sports club next to where you live? This development will adversely affect the whole area - already has in fact from an ecological viewpoint as various genera of creatures have already suffered from tree-felling and pond clearing activities prior to consent being granted. There is frequent flooding here, which will be exacerbated by this way out of proportion development - would you be happy for your property to be flooded? Highway access IS an issue as the B4224 is already a busy road with serious pinch points at Mordiford bridge and in Hereford, and serious accidents have already happened close to the proposed site - I just hope that there will not be any worsening of traffic problems and accidents, but I fear that there will be. Don't call people NIMBYs unless you are aware of FACTS and would still be happy to have this sort of development next to yourself, in what currently a pleasant rural area. fuddled
  • Score: 1

7:20pm Wed 2 Jul 14

probono says...

I am glad I am not a Council Taxpayer in Hampton Bishop. How irresponsible to do this without a local refendum of the Parish to agree to such expenditure. Perhaps the Clerk to the Parish Council can elucidate on this and the final cost to the people of this area.
I am glad I am not a Council Taxpayer in Hampton Bishop. How irresponsible to do this without a local refendum of the Parish to agree to such expenditure. Perhaps the Clerk to the Parish Council can elucidate on this and the final cost to the people of this area. probono
  • Score: 3

7:20pm Wed 2 Jul 14

Bart1968 says...

Hereford currently has lots of planning applications at the moment, nobody wants houses built next to them, but they have to go somewhere, there are only so many brownfield sites. At least this development is not just homes, there will be a sporting facility that benefit the town. I hate to see houses banged up with no provision made for schools and jobs for the people who will live there. The current Rugby Club is to small for the amount of people who use it, and the facilities are quite basic. This new development will create jobs and will benefit the community. Ideally when the cattle market was relocated the football and rugby clubs should have been moved to the same site near Stretton sugwas. The current football club site could have been developed with the old market making it a shopping centre worth visiting. People need homes, but the infrastructure for a quality of life needs to be put in place at the same time.
Hereford currently has lots of planning applications at the moment, nobody wants houses built next to them, but they have to go somewhere, there are only so many brownfield sites. At least this development is not just homes, there will be a sporting facility that benefit the town. I hate to see houses banged up with no provision made for schools and jobs for the people who will live there. The current Rugby Club is to small for the amount of people who use it, and the facilities are quite basic. This new development will create jobs and will benefit the community. Ideally when the cattle market was relocated the football and rugby clubs should have been moved to the same site near Stretton sugwas. The current football club site could have been developed with the old market making it a shopping centre worth visiting. People need homes, but the infrastructure for a quality of life needs to be put in place at the same time. Bart1968
  • Score: 4

7:57pm Wed 2 Jul 14

All Legs says...

I stand by my comment. No, I honestly wouldn't object to any development near to me so long as there was a genuine need for it. In this case I believe there is - we need affordable and marketable housing and we need sporting facilities. This will be just like the new shopping development - lots of grumbling, protests and negativity until it's arrival. Then it will settle down and life will move on. People and communities adapt and embrace. Don't be so quick to oppose oppose oppose!
I stand by my comment. No, I honestly wouldn't object to any development near to me so long as there was a genuine need for it. In this case I believe there is - we need affordable and marketable housing and we need sporting facilities. This will be just like the new shopping development - lots of grumbling, protests and negativity until it's arrival. Then it will settle down and life will move on. People and communities adapt and embrace. Don't be so quick to oppose oppose oppose! All Legs
  • Score: 1

12:27pm Thu 3 Jul 14

fuddled says...

I honestly wish HRFC all the very best for a successful future, and although the HB site was not the best put forward for a new ground, I do not object to them moving to my neighbourhood. I am unhappy though, about the 190 houses which have to be built here to "enable" construction of the new sports club. I just wonder how many houses will need to be built and sold before any work will start on the new Rugby Club? Maybe we will just end up with 100 houses and nothing more.
This is a profit making venture for the developers, whose interests are clearly more important than those of local residents. By the way the site is not a brownfield site and is outside the Hereford Council's UDP.
Anyway, good luck to HRFC.
I honestly wish HRFC all the very best for a successful future, and although the HB site was not the best put forward for a new ground, I do not object to them moving to my neighbourhood. I am unhappy though, about the 190 houses which have to be built here to "enable" construction of the new sports club. I just wonder how many houses will need to be built and sold before any work will start on the new Rugby Club? Maybe we will just end up with 100 houses and nothing more. This is a profit making venture for the developers, whose interests are clearly more important than those of local residents. By the way the site is not a brownfield site and is outside the Hereford Council's UDP. Anyway, good luck to HRFC. fuddled
  • Score: 3

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