The Court of Appeal (Davis, Dingemans and Moylan LJJ) has reserved judgment in the appeal, Smith v Castle Point BC, which was heard yesterday. The Appellant’s challenge was to the grant of planning permission for development at a Waste Transfer Site in Essex and raised important issues concerning potential intensification and the interaction of the planning regime with pollution control and contaminated land. In particular, the Court considered the scope of the relevant local and national guidance and policy and the law on material consideration in relation to intensification.
The High Court had held that the planning permission was lawful and the Appellant challenged that judgment, which can be viewed here.
Daniel Stedman Jones and Tom van der Klugt act for the Respondent, Castle Point Borough Council