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Gleeson's Complaint Dismissed

posted 21 Oct 2013, 13:23 by Owain Cole
The Association is very pleased to be able to report that Mr Justice Cranston has this afternoon issued his judgement on the Judicial Review hearing of Gleeson Developments Ltd complaint that the Housing Minister, Mr Nick Bowles, acted improperly in recovering (withdrawing) the Planning Appeal Inspector's decision to allow the building of 180+ houses at Filands.  In dismissing the complaint Mr Justice Cranston said in part" it could not have been Parliament's intention to make it impossible for the planning inspectorate to put right such a 'simple and obvious' administrative mistake. Mr Bowles had decided to intervene before Gleeson was mistakenly given the good news and, 'as a matter of basic principle', the inspector's decision was issued without authority and had no legal effect."  

It should be remembered that the Judicial Review process does also contain an appeal facility.

The principle of development on the Filands site is not favoured by the revised draft Neighbourhood Plan which has now been unanimously endorsed by all three constituent local Councils. It is currently being presented to Wiltshire Council to commence the formal consultation element as part of the adoption process. The Association hopes that this important milestone in the path to its final adoption will carry significant weight with the Secretary of State, Eric Pickles, who now will have the final say as to whether this very contentious and hugely unpopular application is to be approved.