Court of Appeal granted permission to challenge Neighbourhood Plan on all grounds

30 Jun 2020

Planning and Environment

The Court of Appeal has granted Lochailort Investments Ltd permission to appeal against the judgment of Lang J in Lochailort Investment Limited v Mendip District Council [2020] EWHC 1146 (Admin). Lewison LJ granted permission on all grounds on the basis that each has a real prospect of success. Lewison LJ also granted Lochailort’s application to extend an injunction prohibiting the holding of a referendum on the Norton St Philip Neighbourhood Plan until the disposal of the appeal.

The case concerns whether there was regard had to the basic condition. The NP seeks to have a highly restrictive designation of local green space (LGS). Lochailort argues that there was a failure by the decision-maker to consider national planning policy. The Framework test at paragraph 99 is whether the proposed LGS designations are capable of enduring beyond the end of the plan period.

Lochailort also argues that Lang J was wrong to conclude that the proposed LGS policy is consistent with policies for managing development in the green belt.┬áLochailort maintains that the wording of the LGS policy which only permits development “if it enhances the original use and reasons for designation” of the LGS is fundamentally more restrictive than green belt policy.

The Court of Appeal is likely to hear the case in late 2020 or early 2021. Richard Ground QC and Ben Du Feu act for Lochailort Investment Ltd and are instructed by Harry Campbell of Harrison Grant.