The High Court has granted permission for a judicial review into a controversial planning decision which was given the green light when a councillor mistakenly pressed the wrong button.
During a hearing at Leeds High Court last week, His Honour Judge Behrens gave William Shaw and Brian Hewitt permission for a judicial review into the legality of the decision by Ryedale District Council to grant planning permission to Gladman Developments Limited application to build 260 homes in Kirkbymoorside.
The opponents to the scheme decided to call for the review after Cllr David Cussons inadvertently pressed the wrong button on the council’s electronic voting system – voting in favour of the application – after he had earlier moved its rejection at a planning meeting earlier this year.
Speaking after the decision, Cllr Chris Dowie, the Mayor of Kirkbymoorside, said: “My view, which is shared by many people in Kirkbymoorside, is that another vote should have been taken at the planning committee meeting when the error with the electronic machine was brought to the Chairman’s attention.
“I am therefore very pleased that the judge has granted permission for a full judicial review hearing, at which I hope that the decision to grant planning approval will be quashed.”
It has emerged that Gladman intends to contest the proceedings.
The matter will now be considered at a substantive hearing at the High Court at Leeds on a date to be confirmed by the court.
If Mr Shaw and Mr Hewitt are successful, the planning permission would be quashed and the decision referred back to the Planning Committee of Ryedale District Council for redetermination.
In a separate development, Gladman Developments Limited has submitted a third planning application for residential development at Kirkbymoorside at the same site.
That planning application is expected to be considered by Ryedale District Council’s Planning Committee early next year.