Lady Berkeley, R (on the application of) v First Secretary of State & Ors

Lady Berkeley, R (on the application of) v First Secretary of State & Ors

There was no error of law in the Secretary of State's interpretation or application of the Blue Ribbon Network policies in the London Plan. No conflict arose between the UDP and London Plan policies requiring resolution under section 38(5) of the Planning and Compensation Act 2004. The Secretary of State properly balanced relevant policies and found the proposal to be in accordance with the London Plan, including the BRN policies. The claim was dismissed.

Parties
Claimant: Lady Berkeley; First Defendant: First Secretary of State; Second Defendant: Royal Borough of Kensington and Chelsea; Third Defendant: London Borough of Hammersmith and Fulham; Fourth Defendant: Circadian Limited
Jurisdiction
England and Wales
Judgment Date
09 March 2007
Procedural Posture
Judicial Review / Judgment
Outcome
Claim dismissed
Legal Topics
Interpretation of Planning Policies, London Plan Blue Ribbon Network Policies, Section 288 Town and Country Planning Act 1990, Section 38(5) Planning and Compensation Act 2004
Planning Law Administrative Law Interpretation of Planning Policies London Plan Blue Ribbon Network Policies Section 288 Town and Country Planning Act 1990 Section 38(5) Planning and Compensation Act 2004

Case Brief

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Parties

Lady Berkeley

Claimant

First Secretary of State

First Defendant

Royal Borough of Kensington and Chelsea

Second Defendant

London Borough of Hammersmith and Fulham

Third Defendant

Circadian Limited

Fourth Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Secretary of State misinterpreted or misapplied Blue Ribbon Network (BRN) policies in the London Plan 2004
  2. 2 Whether there was a failure to resolve policy conflicts as required by section 38(5) of the Planning and Compensation Act 2004
  3. 3 Whether the Secretary of State failed to properly apply Policies 4C.1, 4C.12, and 4C.20 of the London Plan

Ratio Decidendi

There was no error of law in the Secretary of State's interpretation or application of the Blue Ribbon Network policies in the London Plan. No conflict arose between the UDP and London Plan policies requiring resolution under section 38(5) of the Planning and Compensation Act 2004. The Secretary of State properly balanced relevant policies and found the proposal to be in accordance with the London Plan, including the BRN policies. The claim was dismissed.

Court Disposition

Claim dismissed

Orders

  • Application to quash the Secretary of State's decision is dismissed.
  • Claimant to pay the First Defendant's costs of the proceedings (other than as separately ordered in relation to issues before Underhill J), subject to detailed assessment unless agreed.