London Borough of Islington v Secretary of State for Communities and Local Government & Ors

London Borough of Islington v Secretary of State for Communities and Local Government & Ors

The Inspector lawfully concluded, on the evidence before her, that only student accommodation would make the redevelopment scheme viable and that the benefits of retaining a significant local employer and achieving regeneration outweighed the restrictive policy in the Core Strategy. The Inspector did not misinterpret or fail to apply the Core Strategy as part of the Development Plan, and her reasoning was legally adequate.

Parties
Claimant: Mayor and Burgesses of the London Borough of Islington; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Spiritbond Finsbury Park Limited; Third Defendant: John Jones Limited
Jurisdiction
England and Wales
Judgment Date
27 June 2012
Procedural Posture
Judicial Review / Judgment
Outcome
Application dismissed
Legal Topics
Development Plan, Planning Permission, Student Accommodation, Viability Assessment, Local Authority Powers
Planning Law Administrative Law Development Plan Planning Permission Student Accommodation Viability Assessment Local Authority Powers

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Parties

Mayor and Burgesses of the London Borough of Islington

Claimant

Secretary of State for Communities and Local Government

First Defendant

Spiritbond Finsbury Park Limited

Second Defendant

John Jones Limited

Third Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Inspector failed to appreciate or misapplied the adopted Core Strategy as part of the Development Plan at the time of decision
  2. 2 Whether the Inspector's reasoning on the viability of alternative redevelopment proposals was legally adequate

Ratio Decidendi

The Inspector lawfully concluded, on the evidence before her, that only student accommodation would make the redevelopment scheme viable and that the benefits of retaining a significant local employer and achieving regeneration outweighed the restrictive policy in the Core Strategy. The Inspector did not misinterpret or fail to apply the Core Strategy as part of the Development Plan, and her reasoning was legally adequate.

Court Disposition

Application dismissed