SPC Clarifies its Position on Southwater Ghyll CIO's 3G Pitch Planning Application
Following the Extraordinary Full Council Meeting held on 19th February 2025, Southwater Parish Council would like to thank all residents who attended in person and expressed their views regarding Southwater Ghyll CIO's planning application for an all-weather 3G artificial turf pitch at The Ghyll (application number DC/24/1997).
The meeting provided a platform for the Council to fully consider the concerns raised, review its legal position, and assess whether it had any authority to act upon the requests made in the Council's efforts to engage with residents.
At the meeting, the Council considered the concerns and requests raised by residents following the Planning Committee Meeting of 5th February 2025 and subsequent email correspondence requesting that the Council compel Southwater Ghyll CIO to withdraw its planning application.
Council’s Position
After careful deliberation and having sought legal advice, the Parish Council resolved to maintain a neutral stance and allow Horsham District Council (HDC), as the Local Planning Authority, to determine the outcome of the application.
Residents who wish to express their views, whether in support or objection, had been advised to do so through HDC’s planning portal and will also have the opportunity to make representations at HDC’s Planning Committee (North), where the application will be considered (date to be confirmed by HDC).
Why the Parish Council Cannot Compel Withdrawal of the Application
Legal advice confirmed that the Parish Council does not have the authority to force Southwater Ghyll CIO to withdraw its planning application.
Under the Leisure Management Agreement (LMA) between SPC and Southwater Ghyll CIO:
The CIO is not required to seek SPC’s consent before submitting a planning application.
SPC has no legal right to demand withdrawal of a submitted planning application.
The LMA does not provide SPC with control over planning applications submitted by the CIO.
The only mechanisms available to SPC to intervene would be:
Termination by Notice – SPC could serve 12 months’ notice to terminate the LMA. However, this would require the Council to take full operational and financial responsibility for The Ghyll and the Laurie Apted Building, including assuming staffing costs, operational liabilities, and compensation payments to Southwater Ghyll CIO.
Termination for Default – SPC could attempt to terminate the LMA if the CIO were in breach of its obligations. However, legal advice confirms that Southwater Ghyll CIO is acting within its remit under the LMA, which encourages planning for increased facilities. Therefore, establishing a breach of contract would be legally difficult and highly disputable.
Given these significant legal, financial, and operational risks, the Council determined that termination of the LMA was not a viable or justifiable course of action.
Concerns Regarding Land Covenants
Some residents raised concerns regarding land covenants on The Ghyll playing field. While land covenants are not a material planning consideration, SPC had sought legal advice on this matter and considered it separately.
The Ghyll playing field remains owned by SPC and is subject to covenants from the 1986 conveyance, requiring its use for community purposes.
Legal advice confirms that an all-weather pitch aligns with this purpose.
Horsham District Council’s former Head of Legal Services (2002) and the Directorate of Economic Development have also previously confirmed that sports facilities qualify under the term "community centre."
The land is not designated as public open space but was transferred to SPC under Section 124 of the Local Government Act 1972, which includes permitted uses for recreational and community facilities.
Next Steps for Residents
While some residents may feel disappointed by the Council’s decision to maintain a neutral stance, there remain opportunities to engage in the planning process.
Residents can:
Submit their comments on the planning application via HDC’s planning portal up to the determination date.
Make representations at HDC’s Planning Committee (North) when the application is considered (date to be announced by HDC).
SPC remains committed to ensuring that residents’ voices are heard and encouraging open engagement with the Local Planning Authority, which is responsible for determining the outcome of the application.
For updates on when HDC’s Planning Committee will consider the application, residents should monitor Horsham District Council’s website.
Comments