The Eastside Partnership Nominee Company Limited & Anor v The Secretary of State for Transport

The Eastside Partnership Nominee Company Limited & Anor v The Secretary of State for Transport

A wholly PBSA scheme (with some retail) is acceptable as appropriate alternative development for the Appeal Site due to its specific characteristics, location, and context, and would be consistent with the development plan. The 2020 CAAD Scheme is appropriate and should be certified, subject to minor corrections. The varied 2019 proposal is unacceptable on design and heritage grounds. The Secretary of State’s intermediate schemes are not supported by evidence and are not appropriate. The Secretary of State’s appeal against the 2020 CAAD certificate is dismissed; Eastside’s appeal against the deemed nil-certificate is allowed, but not on the basis of the original or amended 2019 proposal.

Parties
Appellant/respondent: The Eastside Partnership Nominee Company Limited and PMB General Partner Limited; Respondent/appellant: The Secretary of State for Transport
Jurisdiction
England and Wales
Judgment Date
15 January 2026
Procedural Posture
Land Compensation/planning Certificate Appeal / Appeal Determination
Outcome
Secretary of State’s appeal against the 2020 CAAD certificate dismissed; Eastside’s appeal against the deemed nil-certificate allowed (but not on the basis of the 2019 proposals)
Legal Topics
Certificate of Appropriate Alternative Development, Planning Permission, Compensation, Heritage Assets, Purpose Built Student Accommodation (pbsa)
Land Compensation Planning Law Certificate of Appropriate Alternative Development Planning Permission Compensation Heritage Assets Purpose Built Student Accommodation (pbsa)

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Parties

The Eastside Partnership Nominee Company Limited and PMB General Partner Limited

Appellant/respondent

The Secretary of State for Transport

Respondent/appellant

Procedural Posture

Land Compensation/planning Certificate Appeal / Appeal Determination

Legal Issues

  1. 1 Whether a wholly PBSA scheme is acceptable as appropriate alternative development for the Appeal Site
  2. 2 Whether the 2020 CAAD Scheme or the Secretary of State’s Scheme should be certified as appropriate alternative development
  3. 3 Impact of proposed development on heritage assets and planning balance

Ratio Decidendi

A wholly PBSA scheme (with some retail) is acceptable as appropriate alternative development for the Appeal Site due to its specific characteristics, location, and context, and would be consistent with the development plan. The 2020 CAAD Scheme is appropriate and should be certified, subject to minor corrections. The varied 2019 proposal is unacceptable on design and heritage grounds. The Secretary of State’s intermediate schemes are not supported by evidence and are not appropriate. The Secretary of State’s appeal against the 2020 CAAD certificate is dismissed; Eastside’s appeal against the deemed nil-certificate is allowed, but not on the basis of the original or amended 2019 proposal.

Court Disposition

Secretary of State’s appeal against the 2020 CAAD certificate dismissed; Eastside’s appeal against the deemed nil-certificate allowed (but not on the basis of the 2019 proposals)

Orders

  • 2020 CAAD Scheme (as corrected to 31,187 sqm) certified as appropriate alternative development for the Appeal Site
  • Varied 2019 proposal not certified