Despite the Judge rejecting Gladman’s initial request for leave to appeal to the Court of Appeal, Gladman has nevertheless decided to pursue the legal process. As expected, it has petitioned the Court of Appeal directly to review the High Court judge's decision that the WNP plan-making process was lawful.
Essentially Gladman says that the 'learned judge' was wrong on every count at Judicial Review; it is seeking the appeal hearing for the benefit of everyone else involved in Neighbourhood Plan making because “clarity” is required.
Indeed, in refusing Gladman’s request for leave to appeal, Justice Lewis said “This case involves the construction of 3 statutory provisions ….. The interpretation is clear and there is no prospect of an appeal succeeding on facts.” We take the view that the Hon Mr. Justice Lewis’ decision and reasoning could not be clearer!!
UPDATED 1 MARCH : Regrettably, Gladman has been given permission by the Court of Appeal to appeal against Judge Lewis' decision. While the Court of Appeal accepted that Judge Lewis’ judgement was “both impressive and highly persuasive” nevertheless it believes that the issues (governing the inter-relationship between Neighbourhood and Local Development plans) should be fully argued as they are of considerable national importance. We understand that the Court of Appeal will probably not hear the appeal until sometime in the autumn.