Case No. AC-2025-LON-000537 - [2025] EWHC 2474 (Admin)

MRS JUSTICE LANG: This is a renewed application for permission to apply for judicial review of the decisions of the defendant on 9 January 2025 to grant outline permission for residential-led mixed developments in Villages 1 to 6 (which I will refer as "V1 to 6") and Village 7 (which I will refer to as "V7"), which are to be built on former greenbelt land, known as the "Gilston area", and forming part of the Harlow & Gilston Garden Town ("HGGT").

The allocation policies for the development are in Policy GA1 of the District Plan 2018 and also the Gilston Area Neighbourhood Plan. The application for V1 to 6 (8,500 homes) was made by the first interested party ("IP1") and the application for V7 (1,500 homes) was made by the second interested party (IP2).

On 28 February 2023, the Defendant's Development Management Committee ("the Committee") resolved to grant planning permission for V1 to 6, subject to a planning obligation. A similar resolution was passed in respect of V7 on 23 March 2023.

Planning permissions were issued for both applications on 9 January 2025, accompanied by a single agreement under section 106 Town and Country Planning Act 1990 ("TCPA 1990") for both schemes.

Officers’ delegated decision reports were published on the same day, concluding that the planning permission should be issued without further reference back to the Committee.

The claimants are the owners of Hunsdon House, a Grade 1 listed residence in the Gilston area.

Permission to apply for judicial review was refused on the papers by Mould J on 5 June 2025, applying the principles as set out in R(Mansell) v Tonbridge and Malling BC [2019] PTSR 1452 at [42]. I agree that is the correct legal approach to follow. Broadly I agree with Mould J's conclusions and the submissions made by the defendant in the summary grounds of resistance ("SGR") and supported by the submissions in the SGRs filed by IP1 and IP2.