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Cuffley resident’s Green Belt claim goes to Judicial Review

22nd March 2023

We’re always pleased when residents stand up for their local countryside. So we were delighted to learn that the Green Belt at Cuffley will be defended at Judicial Review.

On 16 March 2023, permission was granted by Mr Justice Swift in the High Court for a claim brought by a local Cuffley resident against Welwyn Hatfield Borough Council. The claim challenges the Council’s resolution to grant planning permission for 14 homes within the Green Belt at Wells Farm, Cuffley. The Council’s resolution to grant permission in October 2022 follows a previous decision in September 2022 to refuse permission, with the reasons for the change of decision unexplained by the Council.

The local resident’s claim argues that:

  • Councillors did not have enough information before them to guide their decision to rescind their earlier resolution;
  • The Council acted contrary to the established legal principle of consistency in decision making; and
  • In deciding to grant permission, the Council failed to consider its reasons for earlier resolving to refuse permission.

The judge determined that these are arguable grounds of challenge and so the claim will proceed to a full Judicial Review hearing in due course.

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Read our original submittal regarding this development proposal.

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welwyn hatfield borough council offices
Richard Kelly, Wikimedia Commons