London Borough of Tower Hamlets v The Secretary of State for Housing, Communities And Local Government & Anor

London Borough of Tower Hamlets v The Secretary of State for Housing, Communities And Local Government & Anor

Permission is granted as there is an arguable point that NPPF para. 196 may require public benefits to be confined to the proposal in question, and grounds of irrationality and adequacy of reasons are also arguable.

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 (s.288 and S.289 Applications) / Permission Hearing
Outcome
Permission granted on all grounds
Legal Topics
Interpretation of NPPF Para. 196, Enforcement Notices, Heritage Asset Protection, Proportionality in Enforcement
Planning Law Administrative Law Interpretation of NPPF Para. 196 Enforcement Notices Heritage Asset Protection 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 (s.288 and S.289 Applications) / Permission Hearing

Legal Issues

  1. 1 Proper interpretation of NPPF para. 196 regarding weighing public benefits against harm to designated heritage assets
  2. 2 Whether the Inspector's balancing exercise included speculative public benefits
  3. 3 Rationality of the Inspector's decision

Ratio Decidendi

Permission is granted as there is an arguable point that NPPF para. 196 may require public benefits to be confined to the proposal in question, and grounds of irrationality and adequacy of reasons are also arguable.

Court Disposition

Permission granted on all grounds

Orders

  • Permission to proceed with statutory review granted on all grounds