R (on the application of Hayes) v City of York Council [2017] EWHC 1374 (Admin), [2017] All ER (D) 53 (Jun)
The Planning Court dismissed the claimant’s application for judicial review of the defendant local planning authority’s grant of planning permission for new features at the historic Clifford’s Tower.
In the first case raising directly the meaning and effect of para 141 of the National Planning Policy Framework, it held that the last sentence of that paragraph only made good sense if interpreted so that the words the ability to recover evidence ‘should not be a factor’ in deciding were taken mean ‘should not be a decisive factor’ in deciding whether the harm to the asset should be permitted.
