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The law, as they say, is an ass.
The Court of Appeal has ruled on the planning application for land south of Devizes Road.
WC sought leave to appeal at the Court of Appeal in London against the decision by the Judge to simply make a declaration confirming the appeal decision to be invalid, but not quashing the planning permission granted by it.
Unfortunately WC lost, and has now reached the end of the road on this one as there are no more legal avenues to pursue. This means that the planning permission granted by the appeal will remain in place and the developer will be free to submit any application for approval of reserved matters in due course.
A disappointing outcome, but the Judge held that the lady judge in the original judgement was entitled to give further and fresh consideration to the submissions made post the first hearing and consider the new suggestion that a declaration be made rather than the decision quashed as she had originally proposed. He found that she could have said that it was too late to consider the argument about a declaration rather than a quashing, but that equally, she was entitled to exercise her discretion to consider the arguments in the written submissions by both sides.
So WC, and the public, are left with the knowledge that the original decision on the appeal was unlawful in failing to take account of a material consideration (the Core Strategy Inspectors report); but that despite this, the remedy the Courts have stated is appropriate in this case is simply a declaration to this effect and not a quashing of the appeal decision.
I am not a solicitor, or barrister, but this decision semms to beggar belief especially as it is the end of the road so far as any appeal process can go.