May 24th, 2021 by James Goudie KC

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) :-

  1. The site was in a highly sensitive cliff-top setting on the Heritage Coast and in the AONB;
  2. The Committee departed from the Officers’ Report and the Development Plan;
  3. The Officer Recommendation was that the development would give rise to unacceptable harm to the AONB; and
  4. There was extensive public opposition to the development.

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