The Court of Appeal handed down a judgment intended to be the definitive word on exceptional re-opening of appeals under CPR 52.30. The Court found that the applications before it (which were second re-opening applications) were impermissible backdoor challenges to refusal of earlier re-opening applications. Reference of questions to CJEU was refused. The Court emphasised the exceptional nature of the jurisdiction, and found that the applications were without merit, seeking to rely on arguments which were academic. Costs were awarded to the interested party developers as well as the Council.
Andrew Tabachnik QC represented Redrow, whose outline consent for up to 250 new homes and other development was under challenge in the proceedings.
You can read the full judgment here.