Following the formal grant of planning consent on 18 July 2019 we instructed our solicitors to request a judicial review of the planning decision .The council’s response to our Pre Action Protocol Letter was, as expected, a refusal to withdraw their planning consent.
Papers for the judicial review were then been lodged with the High Court.
In its initial consideration of our application the High Court refused consent for the Judicial Review to go forward. Our lawyers referred our case back to the courts for reconsideration in open court. On 3rd December we were granted permission to proceed to the substantive hearing of the Judicial Review took place on 24th March 2020.
Sadly we heard on 22 June 2020 that our claim was dismissed by Justice Dove.
On the advice of our solicitors we applied for permission to appeal that decision . On 3 December 2020 we heard that permission had been denied.
This is of course bad news and the end of the road for the legal challenge against the planning decision. However this is but one hurdle overcome by the District Council who still have a load of very difficult problems to deal with in practice.
You can read the full decision here JR Judgement.
The Council should have carried out the required sequential test for flooding , and members of the Planning Committee should have been advised of the significant harm the development would cause to the Royal Military Canal, a Scheduled Ancient Monument .
There are a myriad of other irregularities, inconsistencies and errors in the Council’s planning application and we feel it is worth pursuing them. We will examine the enormous financial loss the scheme will make and will ask what protection local people will have given the amount of asbestos and other toxins there are on the site.
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You can read the grounds for the judicial review HERE.