“…accord with the development plan”. As Mrs Justice Patterson emphasised in Tiviot Way Investments Ltd. v Secretary of State for Communities and Local Government [2015] EWHC 2489 (Admin) (at paragraphs 27 to 36), with the later endorsement of this court in BDW Trading Ltd. (at paragraph 21), the decision-maker must ascertain whether there is co…”
“…EWCA Civ 508, at paragraphs 40 to 42; and the judgment of Patterson J. in Tiviot Way Investments Ltd. v Secretary of State for Communities and Local Government [2015] EWHC 2489 (Admin), at paragraphs 27 to 36). And it did so. The judge’s interpretation of Policy OE3 was incorrect. It wrongly elevated “open character” to an absolute concept. S…”