London Borough of Newham, R (On the Application Of) v Revenue and Customs [2024] EWHC 2321 (Admin) (25 July 2024)

London Borough of Newham, R (On the Application Of) v Revenue and Customs [2024] EWHC 2321 (Admin) (25 July 2024)

A floating hotel moored at a dock, capable of being moved and not sufficiently attached to the ground, does not constitute a 'building' for the purposes of the Community Infrastructure Levy Regulations 2010. The appointed person applied the correct statutory and case law principles, and the grounds for judicial review are unarguable.

Citation
[2024] EWHC 2321 (Admin)
Parties
Claimant: London Borough of Newham; Defendants: Commissioners for His Majesty's Revenue and Customs; Interested Party: Good Hotel London Limited; Interested Party: GBZ V. O. F; Interested Party: Royal Docks Management Authority Limited; Interested Party: GLA Land and Property Limited
Jurisdiction
England and Wales
Judgment Date
25 July 2024
Procedural Posture
Judicial Review / Renewed Application for Permission to Apply for Judicial Review
Outcome
Permission refused
Legal Topics
Community Infrastructure Levy, Definition of Building, Statutory Interpretation, Planning Permission
Planning Law Administrative Law Community Infrastructure Levy Definition of Building Statutory Interpretation Planning Permission

Case Brief

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Parties

London Borough of Newham

Claimant

Commissioners for His Majesty's Revenue and Customs

Defendants

Good Hotel London Limited

Interested Party

GBZ V. O. F

Interested Party

Royal Docks Management Authority Limited

Interested Party

GLA Land and Property Limited

Interested Party

Procedural Posture

Judicial Review / Renewed Application for Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether a floating hotel moored at a dock constitutes a 'building' for the purposes of the Community Infrastructure Levy Regulations 2010
  2. 2 Whether the appointed person misapplied the legal definition of 'building'
  3. 3 Whether the statutory purpose of the CIL Regulations was properly considered

Ratio Decidendi

A floating hotel moored at a dock, capable of being moved and not sufficiently attached to the ground, does not constitute a 'building' for the purposes of the Community Infrastructure Levy Regulations 2010. The appointed person applied the correct statutory and case law principles, and the grounds for judicial review are unarguable.

Court Disposition

Permission refused

Orders

  • Permission to apply for judicial review is refused.