Judge refuses bid for review of permission for block of flats in historic area

A crowdfunded attempt to take Plymouth City Council to judicial review over a planning application has been thrown out on the papers as “wholly unarguable”.

Local resident Martin Worrall launched the crowdfunding to support the Hoe Conservation and Residents Association, which objected to the council having in November granted permission for a seven-storey block of 76 flats to replace a three‑storey care home in the city’s historic Hoe district.

It argued that Plymouth failed to require a transport statement and to take reasonable steps to understand the highways impacts of the proposals, made an error as to ineligibility of occupants of proposed development for parking permits and failed to provide an adequate reason for not requiring a s106 contribution for green space.

A council statement said the judge had both thrown out the case as “wholly unarguable” and said that it “came close to being certified as totally without merit”.

The council said the judge also stated: “It was unacceptable for this claim to have been brought without complying with the pre-action protocol, especially in view of the type of grounds which the claimant has sought to put forward.”

Deputy leader Patrick Nicholson said: “This case has cost the council – and the council taxpayer – significant amounts of money and officer time over several months so I’m pleased that the judge saw fit to throw out the judicial review.”

The council was awarded £5,000 costs.

A statement on the society’s website said: “As predicted by our legal team we have been refused at the first stage and will now be going to an oral presentation before a judge, where our barrister can discuss our case in detail for the judge to decide whether we can go forward to the High Court or not.”

Mark Smulian