On 23 June 2009, Persimmon Homes Ltd and BDW Trading Ltd (Barratt Homes) made an application for judicial review to the High Court which sought to quash Cabinet’s decision on 25 March 2009. The Honourable Judge Curran QC ordered that permission be considered at an oral hearing and Silber J granted permission on 6 October 2009.
The application was heard at the High Court in Cardiff on 2 and 3 March 2010 before the Honourable Mr. Justice Beatson. Having considered the evidence and oral submissions, the Honourable Mr. Justice Beatson dismissed the application. However, it should be noted that it is open to either party to seek leave from the Court to appeal the decision made by the Honourable Mr. Justice Beatson.
In addition and in the light of the grant of permission by Silber J, a further report on the LDP preferred strategy was considered by Cabinet on 3 February 2010. The report made clear that Cabinet were being asked to reconsider the LDP preferred strategy afresh and that they were not bound in any way by their earlier decision on 25 March 2009 or by the views of officers. The Draft Preferred Strategy was endorsed by Cabinet on 3 February 2010.