London Borough of Tower Hamlets v The Secretary of State for Housing, Communities And Local Government & Anor [2019] EWHC 808 (Admin) (26 February 2019)

London Borough of Tower Hamlets v The Secretary of State for Housing, Communities And Local Government & Anor [2019] EWHC 808 (Admin) (26 February 2019)

Permission should be granted as there is an arguable point that NPPF para. 196 may be confined to the public benefits of the demolition proposal itself, and all grounds are arguable for full hearing.

Citation
[2019] EWHC 808 (Admin)
Parties
Claimant/appellant: London Borough of Tower Hamlets; First Defendant/respondent: Secretary of State for Housing, Communities and Local Government; Second Defendant/respondent: Angelic Interiors Limited (In Administration)
Jurisdiction
England and Wales
Judgment Date
26 February 2019
Procedural Posture
Statutory Review and Appeal Under Sections 288 and 289 Town and Country Planning Act 1990 / Permission Hearing
Outcome
Permission granted on all grounds for statutory review and appeal.
Legal Topics
Interpretation of NPPF Para. 196, Heritage Asset Harm, Enforcement Notice, Retrospective Planning Permission, Proportionality in Enforcement
Planning Law Administrative Law Interpretation of NPPF Para. 196 Heritage Asset Harm Enforcement Notice Retrospective Planning Permission Proportionality in Enforcement

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Parties

London Borough of Tower Hamlets

Claimant/appellant

Secretary of State for Housing, Communities and Local Government

First Defendant/respondent

Angelic Interiors Limited (In Administration)

Second Defendant/respondent

Procedural Posture

Statutory Review and Appeal Under Sections 288 and 289 Town and Country Planning Act 1990 / Permission Hearing

Legal Issues

  1. 1 Proper interpretation of NPPF para. 196 regarding weighing public benefits against harm to designated heritage assets
  2. 2 Scope of public benefits considered under demolition-only proposals
  3. 3 Rationality of Inspector's decision

Ratio Decidendi

Permission should be granted as there is an arguable point that NPPF para. 196 may be confined to the public benefits of the demolition proposal itself, and all grounds are arguable for full hearing.

Court Disposition

Permission granted on all grounds for statutory review and appeal.

Orders

  • Permission granted for substantive hearing on all grounds.