Consistency Principle – Supreme Court Refuses Permission to Appeal

03 Jul 2023

Housing, Local Government

The Supreme Court has refused permission to appeal against the decision in R (Blacker) v Chelmsford City Council [2023] EWCA Civ 25. The case concerned the principle of consistency in decision-making, which the Claimant sought to deploy in a challenge to a refusal of planning permission by the Council for a housing development in Roxwell, Chelmsford. The Claimant’s challenge failed before Thornton J and in the Court of Appeal. The Supreme Court (Lords Hodge, Kitchin and Sales) agreed with the Council that permission to appeal should be refused.

Josef Cannon and Dr Alex Williams acted for the Council. Wayne Beglan and Rowan Clapp acted for the Appellant.

A note on the Court of Appeal’s judgment of January 2023 can be found here.