Citation: CA-2024-002732
Lord Banner KC successfully acted for Cala Homes (Chiltern) Ltd in the Court of Appeal, resisting an appeal by Keep Chiswell Green.
The case concerned a challenge to the Ministry of Housing, Communities and Local Government Secretary of State’s decision to allow two planning appeals for around 800 homes at Chiswell Green, St Albans City & District Council. Having heard submissions on the legal principles surrounding when a claimant may raise a judicial or statutory review claim based on a point not previously brought before the decision-maker, the Court of Appeal (Andrews, Lewis & Laing LJJ) dismissed the claims, with reasons to be provided in due course.
Charles appeared alongside Matthew Henderson for the Second Respondent, Cala Homes (Chiltern) Limited (part of Cala Group Limited), resisting Keep Chiswell Green appeal, instructed by CMS UK.