Judge gives green light to legal challenge over permission for hotel in national park

A Planning Court judge has granted permission for a legal challenge to a national park authority’s grant of planning permission for the conversion of a building into a 28-room hotel, it has been reported.

The planning permission granted by South Downs National Park was for conversion of a Grade II-listed building in the village of Madehurst to hotel and restaurant use.

Landmark Chambers said the claimant was challenging the planning permission on two grounds:

  1. The application of paragraph 116 of the National Planning Policy Framework (NPPF), specifically the meaning “major development” in the National Park.
  2. The meaning and application of “optimum viable use” in paragraph 134 of the NPPF.

Mrs Justice Beverley Lang had refused permission on the papers. However, following an oral hearing Sir Wyn Williams decided that both grounds passed the threshold of arguability.

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The Interested Party is the owner and operator of the Pig brand of hotels.

The claimant was represented by John Hobson QC and Miriam Seitler, the defendant by Toby Fisher and the Interested Party by John Litton QC. All are at Landmark Chambers.

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