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Judicial review finds in Council’s favour

Scales of justice

Arun District Council has received the judgement in the judicial review brought about by Pagham Parish Council on the decision the Council took in November 2018 to grant planning permission for 400 dwellings on a strategic allocation.

The challenge brought by the Parish council failed and the decision taken was found to be sound and the planning permission therefore stands.

Within the Judgement, the Judge commented that the planning officer report was sufficient and provided a ‘proper approach required by law’ (para 37) and was fair and accurate (para 44).

The costs that Arun District Council incurred will now be recovered from Pagham Parish Council and it is noteworthy that the total costs of the whole proceedings will cost the Parish Council circa £50,000.

An Arun District Council Spokesperson said ‘The District Council is naturally pleased that the judgement has upheld the decision that it made in November 2018. The Council had concerns about the grounds for the challenge that were brought and the judge has confirmed that the challenge ‘fundamentally misconceived’ and comprised a ‘nit-picking scrutiny’ which was ‘utterly deprecated’ (judgement, para 33 and 55 of the judgement). The judge concluded that there was no basis for challenging the planning officers report and the decision of the Council. Arun District Council will now recover its costs associated with this action from Pagham Parish Council.”

 

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