Ellson v London Borough of Greenwich & Anor

Ellson v London Borough of Greenwich & Anor

The law does not empower the local planning authority or the court to restrain demolition of Borthwick Wharf, as it is exempt from planning control and the developer intends to proceed regardless of the planning application outcome; there is no legal basis for an injunction or enforcement action.

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 / Application for Permission to Appeal Against Refusal of Interim Injunction
Outcome
Application refused
Legal Topics
Demolition of Buildings, Environmental Impact Assessment, Interim Injunctions, Judicial Review, Planning Permission
Planning Law Administrative Law Demolition of Buildings Environmental Impact Assessment Interim Injunctions Judicial Review Planning Permission

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Parties

Ellson

Claimant/appellant

London Borough of Greenwich & Anr

Defendant/respondent

Procedural Posture

Judicial Review Application / Application for Permission to Appeal Against Refusal of Interim Injunction

Legal Issues

  1. 1 Whether demolition of Borthwick Wharf can be restrained pending determination of planning application
  2. 2 Whether demolition is an integral part of the planning application subject to environmental impact assessment requirements
  3. 3 Whether the local planning authority has power to restrain demolition

Ratio Decidendi

The law does not empower the local planning authority or the court to restrain demolition of Borthwick Wharf, as it is exempt from planning control and the developer intends to proceed regardless of the planning application outcome; there is no legal basis for an injunction or enforcement action.

Court Disposition

Application refused

Orders

  • Permission to appeal refused
  • No injunction granted