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R (Ortona Limited) v Secretary of State for Communities and Local Government

DATE: 18 Nov 2008

The High Court (Collins J) quashed the decision of a Planning Inspector refusing planning permission for the redevelopment of a former bus station in Cromer on the grounds of apparent bias in circumstances where the Inspector was a former employee of Norfolk County Council which was the main objector to the proposed redevelopment.

The Court also found that the Inspector had erred in law in failing to grapple with the Claimant’s contention that the use of the former bus station would not resume if planning permission were refused.

Dan Kolinsky acted for the successful Claimant, Ortona Limited.