The Court of Appeal has today handed down its judgement in the appeal by the Department of Communities and Local Government (CLG) against West Berkshire and Reading Councils. In July 2015 the High Court quashed the relevant sections of a Written Ministerial Statement (WMS) introducing an exemption threshold for residential developments of 10 units or more (or of 1,000m2).
CLG challenged this decision on four grounds, all four being upheld by the Court. This effectively reinstates the threshold, and other parts of the WMS that were previously quashed by the same judgement. The Councils may yet appeal to the Supreme Court.
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The judgement can be read here.