Laura Sharman 29 October 2013

Cherwell Council not to progress with planning appeal

Cherwell District Council will not be challenging the Government’s decision to approve four major planning applications following appeals.

Last month, the council said it was seeking legal advice after communities secretary, Eric Pickles, overturned four planning decisions. However, the council has been informed the decisions was legal and does not constitute a judicial review.

Michael Gibbard, lead member for planning at the council, said: ‘The council fundamentally disagrees with the decision made by Mr Pickles. However in the eyes of the law this is not enough to constitute a judicial review and such action can only be taken if there have been breaches within the legal process.

’Following a thorough examination of the entire proceedings, our legal experts have been unable to discern any error of law. Therefore while this result is thoroughly disappointing, it is entirely legal and we are unable to continue further with our own appeal.’

The council had refused the applications as it felt the proposals were in areas not suitable for development and that went against its Local Plan.

 
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