WILTSHIRE Council could be facing a legal bill of around £100,000 after its challenge over development plans at Old Sarum Airfield was thrown out by the High Court.

The authority had sought a statutory review of a decision by the Secretary of State on April 9, 2025, which allowed development proposals at the historic airfield near Salisbury to go ahead.

Owner Old Sarum Airfield Ltd plans to build 315 homes on the site, alongside commercial and visitor buildings.

However, Wiltshire Council argued the situation had changed shortly after the appeal decision when a listed aircraft hangar at the site was destroyed by fire in April 2025.

The authority asked the High Court to review the decision in light of the loss of the heritage building.

The challenge has now been dismissed.

In her judgment, Mrs Justice Lang concluded the planning decision should still stand despite the circumstances surrounding the fire.

She said: “In my view, there is no external injustice or unfairness which vitiates the Inspector’s decision.

“The Inspector’s decision is valid and is unaffected by the fire and its consequences. There is a satisfactory way forward, namely, by utilising statutory planning procedures to develop the site.”

The judge also criticised the delay caused by the legal action, adding: “The unnecessary delay caused by this claim is regrettable.”

The court ordered Wiltshire Council to pay the legal costs of both the Secretary of State and Old Sarum Airfield Ltd, the second defendant in the case.

The developer said this could leave the council liable for costs in the region of £100,000 or more.

Old Sarum plans.

Grenville Hodge, director of Old Sarum Airfield Ltd, welcomed the ruling.

“We are delighted with the outcome of the High Court judgment, although this action by Wiltshire Council should never have been brought forward in the first place and certainly should not have proceeded to a full hearing in the High Court,” he said.

“Our intentions remain completely focused on protecting the airfield and heritage assets and ensuring a long-term sustainable future for Old Sarum Airfield.

“I do hope that Wiltshire Council can now work positively with us to deliver the restoration of the hangar and the wide-ranging heritage benefits across the airfield, as well as provide much needed housing and wider community benefits on this allocated site.

“The judgement is very clear, and we are looking forward to working proactively with Wiltshire Council to bring forward the previously approved development plans.”

Wiltshire Council leader Cllr Ian Thorn said the authority had challenged the decision because the circumstances changed shortly after the planning appeal was approved.

He said: “We have received the High Court’s judgment on the Old Sarum Airfield planning appeal, originally allowed by the Planning Inspectorate in April 2025.

“The approved plans included several conditions, one of which required the repair of Hangar 3, a listed building on the site. However, shortly after the appeal decision was issued, Hangar 3 was badly damaged by fire.

“Because this damage changed the circumstances of the proposal, the council challenged the appeal decision, arguing that the scheme could no longer be delivered as approved.

“The High Court’s judgment did not support the council’s legal challenge. This means the Inspectorate’s April 2025 appeal decision and the associated planning permission remain in place.

“We are very disappointed with this outcome and will now carefully consider our next steps.”

The council said the legal challenge was brought to protect the public interest while the cause and implications of the fire were still unknown, and to establish what impact the blaze may have had on the planning inspector’s decision.

It also sought to clarify the developer’s intentions following the fire and the status of the conditions attached to the planning permission.

According to the council, the ruling confirms that the developer will honour the planning permission in full.

The total cost incurred by the authority as a result of the case has not yet been confirmed.