Cala's latest challenge is decided today and the judgment contains some helpful guidance. This is Cala's second challenge, to the DCLG and SofS announcements after the successful Cala 1 challenge. Time just permits me to highlight a couple of short points.
- Cala lost this one - sort of.
- Why "sort of"? Well because Lindblom J (the newest planning judge we have) did hold that the announcements were material considerations, and everyone agreed, including the SofS through his Counsel, that the weight to be given to the material considerations is for the decision maker.
- But what about the duty to have regard to the RS when preparing the LDF and to be in general conformity with the RS? That is still intact said the judge.
We'll have to work out how to apply that. The point which immediately occurs to me us "what is the Inspectorconducting the Independent Examination into the RS to do?" .