High Court dismisses challenge to planning permission for large mixed-use scheme in Bath

25 Oct 2022

Planning and Environment

The High Court has dismissed a planning statutory review to a planning inspector’s decision to grant planning permission for a large mixed-use scheme in Bath. Permission had been granted in March 2021 following a two-week public inquiry. The challenge was brought by owners of an adjacent industrial estate, who had appeared at the Inquiry as a ‘Rule 6’ party objecting to the scheme.

In a comprehensive judgement James Strachan KC (sitting as a deputy High Court Judge) dismissed all four of the Claimant’s grounds of challenge,  including that the Inspector failed to properly grapple with the ‘agent of change’ principle, and had misdirected himself as to a private law right of way over the Claimant’s land.  The judge also rejected the Claimant’s criticisms of the Inspector’s handling of the Inquiry.

Robert Williams, who has recently been appointed to the Attorney General’s A panel of counsel, appeared for the Secretary of State.

The Judgment can be found here.