Section 174 appeal concerns issues such as whether the development as built falls outside the scope of the original planning permission such that the four-year immunity rule applies, and whether the development has been built out in accordance with the approved plans.Section 78 appeal concerns the wider impacts of the development, including air quality, ecology, noise, planning, groundwater, animal welfare and the management of off-site manure spreading. The case has received national press attention, see for example: https://www.bbc.co.uk/news/articles/cx2gm85xd23o.
Gabriel Nelson is representing Ms Ann Cuthbert as sole counsel.