Ellson v London Borough of Greenwich & Anor [2006] EWCA Civ 1436 (11 October 2006)

Ellson v London Borough of Greenwich & Anor [2006] EWCA Civ 1436 (11 October 2006)

There is no legal basis to restrain demolition of Borthwick Wharf as it is exempt from planning control under section 55 of the Town and Country Planning Act 1990, and the local planning authority is powerless to prevent demolition. The Environmental Impact Assessment Directive does not provide grounds to restrain demolition in these circumstances.

Citation
[2006] EWCA Civ 1436
Parties
Claimant/appellant: Ellson; Defendant/respondent: London Borough of Greenwich & Anr
Jurisdiction
England and Wales
Judgment Date
11 October 2006
Procedural Posture
Judicial Review (application for Permission to Appeal) / Application for Permission to Appeal From Refusal of Interim Injunction
Outcome
Application refused
Legal Topics
Demolition of Buildings, Planning Permission, Environmental Impact Assessment, Interim Injunctions, Directive 85/337/eec
Planning Law Administrative Law Environmental Law Demolition of Buildings Planning Permission Environmental Impact Assessment Interim Injunctions Directive 85/337/eec

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Parties

Ellson

Claimant/appellant

London Borough of Greenwich & Anr

Defendant/respondent

Procedural Posture

Judicial Review (application for Permission to Appeal) / Application for Permission to Appeal From Refusal of Interim Injunction

Legal Issues

  1. 1 Whether demolition of Borthwick Wharf can be restrained pending planning application determination
  2. 2 Whether demolition is integral to the planning application and subject to planning control
  3. 3 Whether the Environmental Impact Assessment Directive requires restraint of demolition

Ratio Decidendi

There is no legal basis to restrain demolition of Borthwick Wharf as it is exempt from planning control under section 55 of the Town and Country Planning Act 1990, and the local planning authority is powerless to prevent demolition. The Environmental Impact Assessment Directive does not provide grounds to restrain demolition in these circumstances.

Court Disposition

Application refused

Orders

  • Permission to appeal refused
  • No injunction granted