Case

Cherkley litigation comes to an end

The long-running litigation in relation to the proposed redevelopment of Cherkley Court and its estate has today come to an end.  The proposed redevelopment includes a 5 star hotel and world class golf course.  Haddon-Cave J had initially upheld a challenge to the grant of planning permission for the scheme, brought by Cherkley Campaign Ltd (CCL), but that decision was overturned on appeal by the Court of Appeal earlier this year.  The Supreme Court has today refused CCL permission to appeal against the Court of Appeal’s decision. CCL had also separately sought to challenge the Local Planning Authority’s decision to approve a Landscape and Environmental Management Plan, required under one of the conditions attached to the planning permission under challenge in the main proceedings.  That challenge was today rejected by the Court of Appeal, upholding the conclusions of the High Court (Jay J) that the proceedings were an abuse of process, brought out of time and unarguable in any event. Christopher Katkowski QC and Robert Walton acted for the developer, Longshot Cherkley Court Limited instructed by Michael Dempsey at BLP.

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