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    Let me say the application was passed by the Planning Committee.

    The CPRE appealed , the Secretary of State turned down the Appeal.

    The CPRE lodged a Judicial Review . The Judicial Review again rejected the CPRE .



    The CPRE went to the High Court. They judged for & overturned the decision. The grounds were that the Committee decision minuted was not adequate ,not that the decision was wrong as I understand it. The Committee minute was reported in the same way every permission/rejection was recorded.

    Interestingly the view taken was that the judgement had implications for the future of all local authority reporting planning decisions - in essence a precedent had been set.

    The challenge to the Supreme Court again rested on the merits of the High Court decision . Again their decision rested on the reporting decision not on the merits of the Committee’s decision.

    That is my recollection of the events as they occurred.

    As a side comment the CPRE were protected by EU law -the Aarhus convention that protected them from proper legal costs limiting them to £10k, so they could continue to challenge at each stage knowing they were protected from full costs awarded against them.

    I have nothing further to add & as no longer involved in local government - now fifth year- you need to go elsewhere for furtherance of your research.

    By the way I have still seen an answer to my question on the substance of this Forum posting on Convenants.

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