Case No. CO-9102-2010

. The process / procedure adopted by the Council was unfair and the Claimant was substantially prejudiced thereby. In particular the Claimant was not given any sufficient information as to the financial justification for the enabling development, to which the Council plainly gave decisive weight, so as to be able to investigate and test the basis on which it was being advanced. Both NPC Ltd’s financial justification and the DVS report were not made available to the Claimant in either their original or a redacted form. In addition without sight of these documents, the committee was plainly unable to assess whether the objections by the Claimant and others to the non-availability of the information, and the lack of transparency in the process, had real substance.