Landmark Chambers

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Sir Wyn Williams grants permission on two grounds to challenge planning permission for hotel in the South Downs National Park

DATE: 20 Oct 2017

On 19 October 2017, Sir Wyn Williams, sitting in the Planning Court, granted the Claimant permission to judicially review a decision of the South Downs National Park. The planning permission is for conversion of a Grade II listed building in the village of Madehurst to hotel and restaurant use including 28 rooms and 68 parking spaces. The Interested Party is the owner and operator of the Pig brand of hotels. The Claimant challenges the planning permission on two grounds. The first relates to the application of paragraph 116 of the NPPF, specifically the meaning “major development” in the National Park. The second ground concerns the meaning and application of “optimum viable use” in paragraph 134 of the NPPF. Mrs Justice Beverley Lang had refused permission on the papers.

Sir Wyn Williams decided that both grounds passed the threshold of arguability.

The Claimant was represented by John Hobson QC and Miriam Seitler, the Defendant by Toby Fisher and the Interested Party by John Litton QC.