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R (May) v Rother District Council [2014] L.L.R 535

DATE: 27 Feb 2014

This was a judicial review of the decision by the Planning Committee of Rother District Council, against planning officers’ advice, to grant planning permission under s.73 of the Town and Country Planning Act 1990 to allow the use of a multi-use games area (“MUGA”) without compliance with a condition restricting its hours of use to between the hours of 9am and 8:30pm or sunset, whichever was the later. The Claimant’s house was in the vicinity of the MUGA. She contended (amongst other things) that the Committee’s decision that removing the condition would not result in unacceptable noise impacts was irrational and/or based upon a misinterpretation of para. 123 of the National Planning Policy Framework.

Delivering a reserved judgment, Ian Dove QC (sitting as a Deputy Judge of the High Court) dismissed the claim on all grounds.

Charles Banner appeared for the successful Defendant, Rother District Council.