Despite deep rooted disappointment at the decision of the Secretary of State to allow the planning appeal for 900 houses to be developed on the Asps and the significant amount of time, money and resources dedicated into fighting the appeal, Warwick District Council has opted not to pursue a legal challenge to the Secretary of State’s decision.

The council continues to believe that the damage to heritage and the landscape outweighs the housing supply issues raised during the appeal and seriously considered whether to mount a challenge. However, the legal advice received is that the only challenge that could be made would be on the grounds of procedural flaws. Whilst there could be arguments to this effect, legal opinion indicated that the level of confidence in success is low. This is similar to the conclusion reached by other parties. The Save Warwick have advised that they will not be pursuing a challenge and Historic England stated: "We can confirm that we have had a look at the Asps case and cannot see a justification, from our perspective, to challenge the Secretary of State’s decision. We understand that you have reached a similar decision with respect to any legal challenge. I must say we are disappointed at the result and appreciate the difficulties it will inevitably create with respect to housing allocations in your district."

A further consideration for the council has been the need to continue to progress the Local Plan at pace to address the Inspector’s comments. Uncertainty surrounding a legal challenge, with a very small likelihood of a success would cast a significant shadow over the progress of the plan. For this reason the council will not be challenging the decision made at the same time by the Secretary of State with regard to the development of Gallows Hill.

The Leader of Warwick District Council, Councillor Andrew Mobbs commented: "I am shocked by the appeal decision, as I strongly believe we need to be planning for the right development in the right place. This is exactly why it is important to progress our Local Plan as quickly as possible, as with an adopted plan we can avoid this type of unplanned development from happening again."

Warwick District Council’s portfolio holder for development, Councillor Stephen Cross added: "I concur with the comments of the Leader of the Council, and will do my utmost to assist in getting a Local Plan in place as quickly as possible."