Regarding the successful application for judicial review in relation to the planning application at Ruston, Withdene Avenue (The Argus, November 4), the judge found that the planning committee had acted unlawfully in approving the application for planning consent.
While it is suggested the judicial review was only successful on a technicality, the judge was critical of one member whose original reason was factually incorrect, suggesting a misunderstanding of the proposed plans.
Further, it seems they did not appreciate that the neighbouring properties were social housing.
These were costly and totally unnecessary mistakes for Brighton and Hove City Council to make, for which taxpayers will have to pay.
Is it, therefore, appropriate for the same members to reconsider the application on November 24?
It is difficult to see how they can impartially and fairly reconsider the application. To reject it would be to admit they got it wrong the first time. Equally, approving it might give rise to the thought that they are fearful of financial repercussions from the developer but this could leave them open to a further application for judicial review.
The planning committee have recently unanimously rejected an application to build flats some 150 yards away on Dyke Road, even suggesting that the area should be designated a conservation site.
Surely the same reasons given in that matter apply to this planning application but, without a newly-constituted Committee, I fear subjectivity will get in the way of a correct and proper decision.
Donald Elliott
-Hazeldene Meads, Brighton
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