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- Heading
- Introduction
- The Facts
- Objections to the proposals
- The 8 December 2022 committee meeting
- Events after the meeting of 8 December 2022
- The Greenfields case at first instance
- The section 106 agreement
- The decision challenged
- Publication of the section 106 agreement
- Pre-action correspondence
- The present challenge
- The first supplementary planning obligation
- The order granting permission on the third and fourth grounds
- The second supplementary planning obligation
- The combined provisions of SPO (1) and SPO (2)
- The Greenfields case in the Court of Appeal
- The application to add a fifth ground of challenge
- The Issues, Reasoning and Conclusions
- Third ground: taking future ecological surveys into account without sight of the relevant condition; or that the ecology conditions which were imposed were ineffective
- Fourth ground: taking into account an inaccurate Biodiversity Net Gain (BNG) assessment and/or issuing a decision notice without legally adequate provision to secure BNG
- Fifth ground (subject to permission to amend): failing to publish the section 106 agreement in accordance with article 40(3)(b) of the 2015 DMP Order, rendering the grant of planning permission invali
- Conclusions