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The Planning Court’s rejection of a challenge to a neighbourhood development plan’s restriction on second homes in R (on the application of RLT Built Environment Ltd) v Cornwall Council  EWHC 2817 (Admin) is examined by Jack Parker, of Cornerstone Barristers.
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The Planning Court refused the claimant housing developer’s application for judicial review of the defendant local planning authority’s decision to hold a referendum on whether to adopt a neighbourhood development plan. The court rejected
the claimant’s case that the statutory criteria for a referendum had not been met because the plan’s policy on limiting second home ownership in the area was both incompatible with article 8 of the European Convention on Human Rights (ECHR)
and contrary to the requirements for strategic environmental assessment (SEA) deriving from European Union law.
By sections 38A–38C of the Planning and Compulsory Purchase Act 2004 (PCPA 2004) and Schedule 4B to the Town and Country Planning Act 1990 (TCPA 1990), supplemented by the Neighbourhood Planning (General) Regulations 2012,
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