Heading

ON APPEAL FROM THE HIGH COURT OF JUSTICE
KING’S BENCH DIVISION
PLANNING COURT
THE HONOURABLE MRS JUSTICE LANG DBE
Royal Courts of Justice
Strand, London, WC2A 2LL
Before:
LADY JUSTICE ANDREWS
LORD JUSTICE LEWIS
and
LADY JUSTICE ELISABETH LAING
Between:
KEEP CHISWELL GREEN | Appellant |
- and - | |
(1) SECRETARY OF STATE FOR HOUSING, COMMUNITIES AND LOCAL GOVERNMENT (2) CALA HOMES (CHILTERN) LIMITED (3) HEADLANDS WAY LIMITED (4) ST ALBANS CITY AND DISTRICT COUNCIL | Respondent |
Piers Riley-Smith (instructed by Richard Buxton Solicitors) for the Appellant.
Zack Simons KC (instructed by Government Legal Department) for the First Respondent.
Lord Banner KC and Matthew Henderson (instructed by CMS Cameron McKenna Nabarro Olswang LLP) for the Second Respondent.
Paul Stinchcombe KC (instructed by Knights Professional Services Limited) for the Third Respondent.
The Fourth Respondent did not appear and was not represented.
Hearing date: 11 July 2025
Approved Judgment
This judgment was handed down remotely at 10.30am on 23 July 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
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Lord Justice Lewis:
- Heading
- INTRODUCTION
- THE LEGAL FRAMEWORK
- THE FACTUAL BACKGROUND
- The Inquiry
- The Publication of the Arup Report
- The Inspector’s Report
- Post-Inquiry Correspondence
- The Secretary of State’s decision
- The application for statutory review and the judgment below
- THE ISSUES ON THIS APPEAL
- THE FIRST ISSUE – THE EXISTENCE OF A PROCEDURAL BAR
- Discussion
- THE SECOND ISSUE – THE ARUP REVIEW
- Discussion
- The Present Case
- Conclusions
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