R (Cross) v Cornwall Council (2021);EWHC 1423 (/Admin) was a successful judicial review of a grant of planning permission for a proposed development in an Area of Outstanding National Beauty. The Council had failed to provide adequate reasons. Fairness required a formulated statement of reasons at common law, even though the proposed development was only of one dwelling, because (para 76) :-
- The site was in a highly sensitive cliff-top setting on the Heritage Coast and in the AONB;
- The Committee departed from the Officers’ Report and the Development Plan;
- The Officer Recommendation was that the development would give rise to unacceptable harm to the AONB; and
- There was extensive public opposition to the development.