Home > News > High Court quashes planning permission in the Cornwall AONB for failure to give reason

On 21 May 2021, Tipples J handed down judgment in the case of R (Cross) v Cornwall Council [2021] EWHC 1323 (Admin) allowing a claim by a local resident against the grant of planning permission for a single dwelling in the Cornwall AONB.  The permission was granted by the Council’s planning committee contrary to the advice of the planning officer and the Council’s AONB unit.  Tipples J agreed with the Claimant that the Council was under a common law duty to provide reasons for its decision and that, in this case, the reasons provided were inadequate.  In doing so, the Judge rejected an argument from the Defendant that its reasons could be inferred from the transcript of the committee meeting.  She also rejected the Interested Party’s argument that the different arrangements applying during the pandemic justified a different approach to reasons cases.

The case has received extensive press coverage.

The Claimant was represented by Ben Fullbrook.  The Interested Party was represented by Katherine Olley.

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