The appellant appealed a Review Decision of the Local Planning Appeal Tribunal, arguing that the Tribunal erred in law by applying the 'Clergy principle' to allow the respondent's planning applications to be assessed under the policy regime in place when they were originally filed in 1990.
The Divisional Court dismissed the appeal, holding that the Clergy principle is a procedural policy choice within the Tribunal's exclusive jurisdiction, not a legal principle subject to appeal on a question of law.
The Court also found that the Tribunal provided sufficient reasons for its decision.
