A council defended its controversial decision to allow a historic estate in the greenbelt to be developed into a golf course and hotel in a hearing at the Court of Appeal today.
In August a High Court judge quashed the planning permission granted by Mole Valley District Council (MVDC) to turn Cherkley Court into an exclusive golf course, hotel, spa and swimming pool.
Historic Cherkley Court near Leatherhead
MVDC and developer Longshot Cherkley Court are now appealing against the High Court judgement that halted the development at the former home of press baron Lord Beaverbrook near Leatherhead.
In his judgement in the High Court, Mr Justice Haddon-Cave had ruled that "very exclusive private demand" was contrary to public need and highlighted the number of golf facilities already in the area.
At the Court of Appeal today, MVDC's barrister, James Findlay QC, said that the council was not required to demonstrate the "need" for a golf course and that the judge had wrongly interpreted this point.
Mr Findlay said: "There’s no justification for restricting the word need…to exclude need generated from outside the district or any particular type."
In the High Court, Mr Justice Haddon-Cave said a majority of councillors had made a "perverse" decision that the character of the landscape of Cherkley Court, in an area of outstanding natural beauty (AONB), would not be compromised.
But Mr Findlay said today that only three holes in the 18-hole golf course would fall within the AONB so it could not be classed as a "major development".
He also said an environmental statement outlined benefits to the landscape from the development.
He said: "The implications for the landscape were a matter of planning judgement and there is nothing in this case to justify the conclusion that the judgement was perverse."
Mr Findlay said the council's officers had deemed an underground spa, swimming pool and maintenance centre as "inappropriate" development in the greenbelt - but councillors decided concerns were outweighed.
He said: "They [councillors] talk about overcoming the concerns. They have done enough."
About 20 supporters of the Cherkley Campaign, which brought the judicial review to block the development last year, sat in the public gallery today.
Diggers at work on the estate last year
Andy Smith, Surrey branch director for the Campaign to Protect Rural England (CPRE), said that, in their view, MVDC "foolishly" decided to spend more taxpayers’ money to defend the decision.
Mr Smith said: "The fact is we have been through this last year and the judgement we received was definitive, comprehensive and said it all.
"We thought and felt that should have been the end of it."
David Crawford, a director of the Cherkley Campaign, said: "This case has got to remind the council of its duties to follow planning policy properly when making their decisions."
The hearing continues tomorrow at the Court of Appeal before Lord Justice Richards, Lord Justice Underhill and Lord Justice Floyd.
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