The meaning of ‘persistent under delivery’

Two challenges to decisions of the secretary of state were heard by Mr Justice Lewis in respect of the ‘Tetbury appeals’ in which planning permission was granted for housing development within the Area of National Beauty in the Cotswolds.

The secretary of state was represented by Richard Kimblin in both sets of proceedings. Hannick had been represented by Christopher Young at inquiry and by Peter Goatley representing them in the proceedings.

The case deals with the approach to paragraphs 47 and 49 of the framework, where there is an issue as to the extent of a local authority’s failure to maintain a five-year land supply — namely the ‘buffer’ question — five per cent or 20 per cent? …

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