A JUDGE has thrown out a legal challenge by campaigners to stop hundreds of homes being built on Hampshire countryside.

Opponents of plans for 1,400 homes at Boorley Green, near Botley, lost the latest round of their battle with local council chiefs in the High Court after successfully forcing a judicial review.

But the Botley Parish Action Group (BPAG) and Botley Parish Council were dealt a huge blow yesterday when their arguments failed to persuade a judge of their case.

Now they face paying costs of £15,000 between them.

However, campaigners have not ruled out fighting on with an appeal against yesterday's judgement, which was the culmination of nearly a year of legal wrangling after BPAG first launched its bid for judicial review back in January.

A previous application for judicial review was rejected by a High Court judge, but a subsequent appeal in September proved successful.

Yesterday's hearing saw legal representatives for the campaigners take on those from Eastleigh Borough Council.

The groups' main argument at the hearing was that the council had not considered alternative sites for the development.

Daily Echo:

Plans for the 1,400 homes were given the go-ahead by Eastleigh councillors last year despite a mass rally through the streets of Botley.

BPAG believes the homes will swamp Boorley Green and change the character of Botley without the infrastructure to cope with the extra traffic.

Eastleigh council leader Keith House has argued the homes would bring more facilities to Boorley Green and help protect other countryside areas.

However, BPAG argues its survey showed 96 per cent of residents responding did not want these extra services at the expense of development.

Colin Mercer, chairman of the Botley Parish Council, said campaigners would be considering their next move over the weekend.

They still have permission to seek leave to appeal the decision, but this must be lodged in 21 days.

“We're totally disappointed, hugely disappointed,” he said.

Daily Echo: Colin Mercer

Colin Mercer

“The judge said he could find no point in law in which the planning committee had made an error.

“He was totally sympathetic to our reasons for objecting.

“Although they were looking at it in consideration of any legal points which the planning committee failed I still feel natural justice has not been achieved.”

The Daily Echo has revealed developers' plans for a further 680 homes near Boorley Green, that they have said they will press ahead with regardless of the outcome of this hearing.