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The High Court refuses leave to appeal to the Court of Appeal from a decision to quash a grant of planning permission for a strategic housing development. The court had ruled that a proposed housing development's communal space, despite being innovative, did not meet the Development Plan's requirements for "open space" due to its enclosed nature. The court found that the space, covered by a roof and surrounded by walls, could not be considered open and thus contravened the plan.
housing development, communal open space, Development Plan, material contravention, strategic housing development (SHD), Planning and Development Act 2000, Planning and Development (Housing) and Residential Tenancies Act 2016, Board's discretionary power, public transport adequacy, judicial review, Board's decision quashed, leave to appeal denied, exceptional public importance, public interest, open space definition, inquisitorial obligation, planning application, unique development proposal.
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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