Leeds City Council v. Secretary of State for Communities and Local Government [2019] EWHC 682 (Admin)

High Court challenge under s.288 of the Town and Country Planning Act 1990 to the decision of an Inspector following a public inquiry to grant Taylor Wimpey (UK) Limited planning permission for a 55 dwelling residential development at Pool in Wharfedale, Leeds, on a site that was safeguarded by Policy N34 of the Leeds Unitary Development Plan Review 2006 as a site potentially needed for future residential development ahead of future green belt releases. Following a two day hearing, Kerr J. upheld the Inspector's decision, finding that he had been entitled to conclude that despite the conflict with Policy N34 the development was nonetheless in accordance with the development plan as a whole. Charles Banner QC (instructed by Richard Sagar of Walker Morris LLP) appeared for Taylor Wimpey (UK) Ltd, who were, exceptionally for a Second Defendant in s.288 proceedings, granted a partial award of their costs of successfully defending the claim.

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