Ms Danielle Conaghan:

Sometimes the flaw in the decision is clear. I refer, for example, to a decision-maker asking whether he or she took the relevant national plan into account before making his or her decision. That is eminently fixable. If a submission has not been taken into account when it should have been, I go back and take it into account as I should have done, and make my decision again. Can a judicial review be brought in respect of that decision? Yes, because it is a fresh decision. The question then is whether that decision has been made in accordance with the law. We have seen multiple challenges to wind energy developments where permission has been granted, quashed by means of judicial review and the matter has then gone back to the board. In such cases, fresh decisions were made and new judicial reviews were commenced.