Judge gives green light to legal challenge over grant of planning permission for development on heritage coast

A High Court judge has given two local residents permission on all grounds to challenge a decision by Cornwall Council to grant planning permission for a mixed use hotel development on the Cornish West Penwith Heritage Coast.

The claimants, Mr Noble and Ms Taylor-Martin, have advanced four grounds

1. a failure to apply relevant development plan and NPPF (National Planning Policy Framework) policy on AONB/Heritage Coast applications;
2. a failure to consider the merits of a planning condition to limit the harm from intensification;
3. a failure to take into account expert transport evidence; and
4. inadequate reasons. 

The claim is resisted by the council and the hotel developer, according to 39 Essex Chambers.

The case will go forward to a substantive hearing in due course.

Daniel Stedman Jones of 39 Essex Chambers acts for the claimants, instructed by Irwin Mitchell.