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The High Court has ordered that a strategic housing development application be remitted to the planning authority for reconsideration, following the quashing of a previous decision to refuse permission. The court determined that the matter should be returned to the point just before the refusal, allowing the planning authority to reassess the application without being bound by an earlier High Court judgment that had been overturned on appeal. The original decision by the planning authority was based on a perceived lack of jurisdiction to grant permission for a development that materially contravened a planning scheme, a position that was invalidated by the Court of Appeal's subsequent ruling.
Strategic Housing Development, Order of Certiorari, Planning and Development Act 2000 (PDA 2000), Planning and Development (Housing) and Residential Tenancies Act 2016 (PDA 2016), High Court, Court of Appeal, Supreme Court, Urban Regeneration, National Planning Framework, Housing Action Plan, Ministerial Guidelines, Section 37(2)(b) PDA 2000, Section 50A(9) PDA 2000, Remittal, Judicial Review, Urban Development and Building Height Guidelines for Planning Authorities 2018, SPPR3.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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