Developer's human rights not violated over Malmesbury planning appeal, decides High Court judge
2:51pm Monday 21st October 2013 in North Wilts news
A CLAIM by developers that their human rights had been violated as a result of an administrative mix up between the Planning Inspectorate and the Government has been dismissed by the High Court today.
Gleeson Strategic Land were told they had won an appeal to build 180 homes on the outskirts of Malmesbury earlier this year.
But just 24 hours later the firm was told the permission notice had been sent out by mistake and that Planning Minister Nick Bowles had already decided to make the decision on the controversial application himself.
Gleeson called for a judicial review which was heard in Bristol last week.
Today Mr Justice Cranston gave his verdict, dismissing Gleeson’s claims and ruling that the inspector’s decision had been issued without authority and had no legal effect.
Wiltshire Councillor Simon Killane, who chairs the Malmesbury Neighbourhood Plan Steering Group was delighted with the decision.
“We’ve survived,” he told the Standard. “It is a fantastic relief for the steering group who have worked so hard.”
Malmesbury is one of the Government’s frontrunners in neighbourhood planning and the draft plan, which does not include major housing developments at Filands, is about to through a public examination.