I think the perceived problem depends on whether you view the Goodwins as a load of sand with some artifacts in it, or a dusting of sand covering and supported by a whole host of Dorniers, ships, human remains and so on.
That is why we have an independent regulator to decide whether or not a licence should be granted and, if so, on what conditions. By all means, use a JR to hold the regulator to account:
- did it have the power to decide (yes)
- did it take into account all that it should have (yes)
- did it ignore all that should be disregarded (yes)
- is the decision totally insane (no).
That has now happened and the decision stands. You don't have to like it, but I do think you have to abide by it (and so the kids couldn't go to the flicks on Sundays - https://en.m.wikipedia.org/wiki/Associated_Provincial_Picture_Houses_Ltd_v_Wednesbury_Corp