Inspectors Decision quashed as High Court supports HPP's evidence that a procedural breach was made at Prinknash Abbey, Cheltenham.
16 February 2018 | Ridge News
These proceedings concern an application, made by HPP on behalf of Edward Blake, under Section 288 of the TCPA to quash the decision of the First Defendant, made by letter dated 11 December 2017, to dismiss the Claimant’s appeal under section 78 of the TCPA.
The section 288 application challenged the First Defendant's decision to refuse the appellant's appeal against the refusal of permission to demolish an existing 1970s monastery and erection of 10 dwellings on land at Prinknash Abbey, Prinknash, Cranham.
The High Court determined that there was a failure to consult the parties before the Inspector departed from the Statement of Common Ground. In this case, the Claimant and Second Defendant agreed that there would be no harm to the historic heritage of the Estate or surrounding area. However, the Inspector found that the proposals would harm the significance of the listed building. The First Defendant accepts that the failure to consult the parties before departing from their agreed position was procedurally unfair. As such, the High Court concluded that the claim pursuant to Section 288 of the Town and Country Planning Act 1990 (‘TCPA’), Administrative Court reference CO/288/2018, be allowed and the decision of the First Defendant contained in the Appeal Decision Letter dated reference C1625/W/17/3177291 be quashed for the reasons set out in the Schedule to this Order only, and remitted to the First Defendant for redetermination.
HPP MD Paul Fong commented:
''This is a great result for our client and one which reinforces the significance of the Statement of Common Ground in the appeal process.''