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R (Lady Hart of Chilton) v Babergh District Council [2014] EWHC 3261 (Admin), [2015] JPL 491

Nine out of 10 grounds of challenge to the grant of planning permission for industrial buildings close to Grade 1, Grade 2* and Grade 2 listed buildings dismissed. Question of relief in relation to the 10th ground deferred.

On 14 October Sales J delivered judgment in a case where the grant of planning permission for two industrial buildings close to various important heritage assets was challenged on a variety of grounds, including inadequacy of the related planning agreement; failure to consider relevant matters; misapplication of policy; and failure to refer the application to the Secretary of State in accordance with the 2009 consultation direction. The judge held that the application should have been referred to the Secretary of State, but dismissed all the other grounds. The question of relief has been deferred to allow the defendant authority to ask the Secretary of State if, in the event the permission were quashed, he would be minded to call the application in. Robin Green acted for Babergh District Council.