Section 1
By the decision of its Development Management Committee (“the Committee”) on 16th October 2024 (“the Decision”) the Defendant granted the Interested Party planning permission for the change of the use of The Old Bus Depot, Moylegrove, Pembrokeshire (“the Site”) to use as an outdoor adventure centre with associated storage facilities. The Claimant applies for judicial review of the Decision on five grounds. Permission was given on paper for two of those grounds by HH Judge Jarman KC and I gave permission for the remaining grounds by an order of 18th March 2025.
The grounds allege a number of failings in the procedure leading to the Decision and also challenge the rationality and lawfulness of the Decision. The Defendant denies that there were any procedural failings and contends that the Decision was rational and lawful. As a fallback position it invokes section 31(2A) of the Senior Courts Act 1981 saying that relief should be refused because to the extent that any public law failing is established it remains highly likely that the outcome would have been the same even if the failing had not occurred.
The Interested Party took no part in the proceedings other than by way of a representative who attended the hearing as an observer.
- Heading
- Section 1
- The Factual Background
- The Grounds of Challenge and the Parties’ Cases in Summary
- The Legislative and Policy Framework
- The SACs and the SSSI
- The Reports and the Proceedings at the Committee Meeting
- The Decision
- The Law
- The NRW Draft Report
- The Concordat
- The Lobby Documents
- Ground 1: Conclusion
- Relief and the Operation of Section 31(2A) of the Senior Courts Act 1981
- Conclusions
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