Taylor Wimpey UK Ltd, represented by Stephen Whale of Landmark Chambers, has overturned the Judgment of the High Court and so restored its planning permission for 100 houses in Great Dunmow, Essex.
Council members refused the planning application, against officer advice. The Council then failed to notify local residents of the appeal hearing, although it told the Inspector it had done so. The first day went ahead in their absence. When the Inspector discovered the Council’s error, he re-ran the hearing and local residents attended. He allowed the appeal and granted planning permission. The High Court quashed the decision on grounds of unfairness. Taylor Wimpey and the Secretary of State appealed, and the Court of Appeal today allowed the appeals. The case also generated the earlier Court of Appeal decision on the ability to amend section 288 applications even after the six weeks deadline for issuing the application has elapsed.
Please find the judgment here