City & Country Bramshill Ltd v Secretary of State for Housing, Communities And Local Government & Ors

Ruling 5 16 My view is that Braintree is clear. Dartford was not cited in terms to the Inspector here. If it is thought that there are inspectors applying Dartford , and I do not know the extent of that, that, in my view, is classically a matter for the Court of Appeal to decide whether they should grant permission in respect of that, but not me. I do not consider it is a compelling reason for an appeal, and on the basis that there is not in fact the real prospect of a successful appeal. 17 Coming back to the question of ground 4, for the reasons I have already given I do not think there is any impact there as far as 4 and 6 are concerned. Most of the other points are simply disagreements with my findings on rationality and repeating the arguments made before me, and I am clear that my judgment is right. 18 I think I should mention, and it will be in my written refusal form, that in my view there is nothing in the Palmer point at all, and although Rottingdean was relied upon by the prospective appellant, it seems to me entirely to favour the Defendants. I do not think that there is anything in any of the points concerning traffic. 19 Again, on appeal 7, so far as Gladman is concerned, the appellant’s basic approach here was to reserve it for the Court of Appeal. I do not think it is clearly wrong. That is an end of it as far as I am concerned because, as a matter of convention and practice, I am bound by it. If the Court of Appeal want to take an interest in it, then that is a matter which must be addressed to the Court of Appeal. I do not consider, by reason of the nature of the site or the nature of the development, notwithstanding there are heritage assets, that there is otherwise a compelling reason for an appeal where there are no real prospects of success. 20 Accordingly permission to appeal is refused. __________ CERTIFICATE Opus 2 International Ltd. Hereby certifies that the above is an accurate and complete record of the judgment or part thereof. Transcribed by Opus 2 International Ltd. (Incorporating Beverley F. Nunnery & Co.) Official Court Reporters and Audio Transcribers 5 New Street Square, London EC4A 3BF Tel: 020 7831 5627 Fax: 020 7831 7737 [email protected] This transcript has been approved by the Judge