About the Judicial Review

The Journey undertaken by Henstridge Parish Council, the A357 Group and now Paul Dimishky since 2017

About the Journey

How has Henstridge Parish Council, the A357 Group and now Paul Dimishky got to this position with Somerset Council with regards the safety through the rural settlement.

In 2017 Gladman Land Agents applied for planning permission for 130 homes on land off Woodhayes Way, Henstridge ref 17/03029/OUT. This was refused by the then South Somerset District Council due to the excessive scale and unsustainable location. 

Gladman then appealed and this was heard by HM Government’s Inspector at a public hearing, ref APP/E3335/W/24/3344570 resulting in him allowing it in November 2018 after attaching a strict pre-commencement condition for the Developer to provide a signal-controlled traffic light scheme and continuous footpath along the A357 High Street to the village facilities. 

In November 2021 a Reserved Matters application was approved by Somerset Council ref 21/03369/REM. 

In 2022 the Highway Department finally got round to making a technical assessment of the original traffic light scheme presented at the Appeal and found it to be flawed and unable to be implemented due to safety grounds. 

Following this several different schemes were submitted by Barratt David Wilson Homes (the Developer) to try and fit a square peg into a round hole. This included the now infamous “yellow box” scheme which was rejected on human rights issues, as delivery vehicles would be prevented from accessing the houses along the High Street. Refused at full Planning Committee in October 2023. 

The Developer then tried to get the wording of the condition altered to allow a start on site BEFORE the scheme for pedestrian improvements had been approved by Somerset Council. This was firmly rejected at a full Planning Committee meeting in April 2024.  

Just days later Monday 6th May a bank holiday the Developer paid the first tranche of the Community Infrastructure Levy to Somerset Council and the following day diggers were on site creating an entrance to the site illegally and in breach of the Inspector’s condition. This was done in order to prevent their planning permission expiring on the 19th May 2024. 

Barratt’s then submitted an application to get the condition discharged under the threat of another appeal and also submitted an application for a Certificate of Lawfulness application ref 24/01183/COL to try and get their illegal start made lawful which would mean they get their permission, and remain in place until DWH cared to start on site. This was determined in their favour by Somerset Council on the 12th of November 2024 and the procedure of this certificate (CLEUD), which is currently being legally challenged by Paul Dimishky with the support of the village. 

 The Somerset Planning Portal can be used for searching for the references in the paragraphs above and the below.

17/03005/EIASS – EIA not required 

– 26th July 2017

17/03029/OUT – Refused 

– 12th January 2018

APP/R3325/W/18/3197690 – unknown – Linked to 24/01727/DOC1

18/00015/REF – Appeal Allowed subject to conditions

 – 20th November 2018

21/03369/REM – Approved with conditions

– 19th May 2022

22/00305/HDG – Permitted

– 18th February 2022

22/02242/DOC1 – Conditions Discharged

– 23rd August 2022

23/01032/NMA – Application Permitted

– 6th July 2023

23/01034/DOC1 – Condition Discharged

– 19th July 2023

22/01076/ROW – Permitted

– 7th September 2023

22/02240/S73 – Refused

– 24th October 2023

23/01035/DOC1 – Condition Discharged

– 9th April 2024

23/03015/S73 – Refused

– 30th April 2024

23/01033/DOC1 – Refused

– 16th May 2024

24/00546/DOC1 – Refused

– 16th May 2024 – Appeal Lodged

24/00547/DOC1 – Refused

– 16th May 2024 – Appeal Lodged

24/00548/DOC1 – Refused

– 16th May 2024 – Appeal Lodged

24/00650/DOC1 – Refused

– 16th May 2024 – Appeal Lodged

24/00651/DOC1 – Refused

– 16th May 2024 – Appeal Lodged

24/01727/DOC1 – Conditions Discharged – 2nd August 2024

24/01183/COL – Application Permitted

– 12th Nov 2024

24/00410/COL – Awaiting Decision

– 19th February 2025

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