Cockney Steve
Good post because you and I both know that if law changed it would be abused very quickly.
Council should have used its discretion, they didn't and getting their A5535 handed to them on a plate is just desserts.
If you make exceptions then next it would be poor photogenic unfortunate child with tears in eyes who falls just outside this criteria and then something else. Law changes in haste are generally bad laws.
Take emotion out of this and let it be decided on its merits and there was always option of appeal to Secretary of State if amended planning application was turned down a second time. Perhaps council should have referred it earlier so getting away from the emotional hostility.