Hundreds of new homes planned on the edge of Yeovil could be halted by a judicial review.
The Abbey Manor Group secured outline planning permission from Somerset Council in October 2024 to deliver the Up Mudford urban extension north of Primrose Lane, comprising 765 homes, commercial space, a community hub and an extension to Primrose Lane Primary School.
The legal agreements to deliver the development were finally signed off by the council in mid-July, including a series of walking and cycling improvements to the A359 Mudford Hill and Lyde Road.
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But the entire development – and a neighbouring development – could now be thrown into the balance after Mudford Parish Council pushed for a judicial review on the site.
The Friends of Mudford Action Group (FOMAG) has consistently opposed the Up Mudford development, raising concerns that it could worsen localised flooding, overwhelm local facilities, increase traffic levels and would not deliver enough low-cost homes for local people.
The group staged a public meeting at Mudford Village Hall on September 11 to update local residents on its efforts to prevent the development from moving forward.
FOMAG chairman James Cary said: "We're not against development – people need places to live, and it would be great if people could live and stay in the area.
"We're very concerned about flooding and sewerage – in the last year, that has been really brought home."
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Robin Bowring, who sits on Mudford Parish Council, said that the legal agreement (known as a Section 106 agreement) was "loosely worded" and "falls well short of the normal standard" that would be deemed acceptable in national planning policy.
Speaking as a FOMAG committee member, he elaborated: "It fails to have review mechanisms, it has viability issues which remain, and there's a blatant disregard for the council's own planning policy."
Mr Bowring claimed that the Section 106 agreement was signed before the parish council had been able to take legal advice to challenge its contents and agree a formal response.
The parish council subsequently issued a pre-action protocol (PAP) letter to Somerset Council, stating it was intending to push for a judicial review.
Somerset Council's response to this PAP was reviewed by a barrister, and the parish council voted unanimously at a special meeting on August 19 to proceed to the next stage of a judicial review, at a cost of £12,000 (plus £10,000 to cover costs if the challenge fails.
Mr Bowring said: "When we hear whether our challenge will be heard, we can still decide if we want to pursue it – or if the other side will decide to capitulate, which is highly unlikely.
"The claim was lodged with the High Court in Cardiff, who are very slow at responding.
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"It may be the end of October or possibly all the way to Christmas before we hear back."
Mr Bowring said it would cost up to £45,000 for a one-day hearing if the judicial review was allowed to proceed – and a further £35,000 would be needed if the Abbey Manor Group decided to appeal the court's decision.
Under the Aarhus Convention, the parish council would only be liable to pay up to £10,000 of the other side's costs if the judicial review were to fail.
In additional to the judicial review, the parish council will be making a formal complaint to the Local Government and Social Care Ombudsman (LGSCO) surrounding the perceived lack of consultation over the Section 106 agreement.
A "letter of concern" is also being sent to Somerset Council chief executive Duncan Sharkey, along with local MPs Adam Dance (Yeovil) and Sarah Dyke (Glastonbury and Somerton), requesting a meeting after "dismissive and inappropriate" language allegedly made by planning officers during the decision-making process. To sign this letter, visit .
Mr Cary said that FOMAG would be fundraising in the coming months to support the parish council's judicial review
He said: "This isn't really just a Mudford issue.
"Although the parish council is right to take this action, and FOMAG will raise funds to help with the cost of the judicial review, other parishes in the local area also have a great interest in this, because there are so many problems with this development."
In addition to the Up Mudford site, a further 252 homes will be built on the A359 Mudford Road, with the Planning Inspectorate granting an appeal in March 2024.
This latter site (put forward by Yeovil LVA LLP) will be accessed by a new roundabout on Mudford Road, which will also serve the Up Mudford site.
Mr Cary said: "That development cannot go ahead without the Up Mudford site going ahead, because of all the amenities which the Abbey Manor site will provide.
"There is a real need for people living near these sites to be engaged."