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The High Court dismissed a judicial review brought by a resident challenging a planning authority’s grant of permission for a large-scale residential development that included new road and cycling infrastructure. The applicant argued that the planned cycle lanes and road arrangements were inadequate and inconsistent with relevant guidelines, climate legislation, and national plans. The court found that the planning authority had properly considered the applicable design guidelines and policies, was entitled to rely on expert evidence over the applicant's contrary (inadmissible) opinions, and was not obliged to comply with non-mandatory guidance. The Court confirmed that its role is not to decide the technical merits of infrastructure design, but only to intervene for illegality, which was not established here. The case illustrates the limits of judicial review, the discretion given to planning bodies as expert decision-makers, and the high threshold for challenging planning outcomes on grounds of irrationality or failure to consider policy.
judicial review – large-scale residential development – planning permission – cycle lane design – active travel – road infrastructure – Design Manual for Urban Roads and Streets (DMURS) – National Transport Authority Cycle Design Manual (CDM) – Environmental Impact Assessment – Planning and Development Act 2000 – Climate Action and Low Carbon Development Act 2015 and 2021 amendments – spatial planning guidelines – irrationality – administrative law – onus of proof – admissibility of expert evidence – relief sought: certiorari (quashing of permission) – decision: relief refused
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