South Somerset Carnival Committee lose Carnival Park High Court case

This result came after finding that the permission was vitiated by apparent bias on the part of two councillors.

In April 2022 the district council granted an application for planning permission by Ilminster Town Council for the buildings on agricultural land at the Dillington Estate.

The claimant, the Somerset branch of campaign group CPRE, contended that the decision of the Planning Committee was tainted by apparent bias on the part of its Chair and Vice-Chair and therefore unlawful.

Then, in the High Court case CPRE (Somerset) v South Somerset District Council [2022] EWHC 2817 (Admin) Mr Justice Chamberlain said: "This outcome does not reflect adversely on the integrity or professionalism of either councillor."

The case concluded that, having found that both Cllrs Hamilton and Baker were tainted by apparent bias, it followed that the decision to grant planning permission was unlawful.

Justice Chamberlain added: "Both councillors declared their interests openly. Neither attempted to hide their associations. Both followed the advice of the monitoring officer. That advice flowed from her honest analysis and application of the code.

"The monitoring officer went wrong in law, as many public decision-makers and most judges do at some point, but was not otherwise at fault."

CPRE Somerset said they support carnival but objected to this planning application because it was wrong for SSDC to try to impose a large scale industrial building on a rural parish in the open countryside against the wishes and interests of the local community.

Hugh Williams, chair of CPRE Somerset said: "CPRE Somerset is pleased that the High Court has agreed with us and quashed the decision.

"Ensuring planning decisions are taken lawfully is crucial for everyone involved in the planning system, and we look forward to seeing this matter re-addressed in the correct way by SSDC in due course."

Councillors Jason Baker And Jenny Kenton Among The South Somerset Carnival Supporters. (Image: Ilminster Town Council)

South Somerset Carnival Park Committee are disappointed by the outcome of the Judicial Review, undertaken by Mr Justice Chamberlain on November 8, 2022.

A spokesperson from the committee said: "The planning consent has therefore been quashed, once again leaving the Carnival committees and clubs in limbo.

"The frustration felt towards this process is immeasurable. SSDC along with SSCC appear unable to support or take ownership of their cultural asset and thereby fail to support the wider community in Somerset.

"This is in direct contradiction to the efforts made by Sedgemoor District Council who have helped secure funding and are assisting with a refurbishment of an existing Carnival Park in Bridgwater."

A spokesperson from SSDC added: "This is a very disappointing outcome and the council is considering its position.”