Lord Mayor And Citizens of the City of Westminster v The Secretary of State for Communities And Local Government & Anor

Lord Mayor And Citizens of the City of Westminster v The Secretary of State for Communities And Local Government & Anor

The inspector's decision was procedurally fair, based on material before him, properly reasoned, and within his planning judgment. No breach of natural justice or misapplication of policy occurred. The conditions imposed were sufficient and the inspector was not obliged to impose further restrictions.

Parties
Claimant: The Lord Mayor and Citizens of the City of Westminster; First Defendant: The Secretary of State for Communities and Local Government; Second Defendant: Sainsbury’s Supermarkets Ltd
Jurisdiction
England and Wales
Judgment Date
10 June 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Judicial Review of Planning Decisions, Noise Impact Assessment, Natural Justice, Planning Policy Interpretation
Administrative Law Planning Law Judicial Review of Planning Decisions Noise Impact Assessment Natural Justice Planning Policy Interpretation

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Parties

The Lord Mayor and Citizens of the City of Westminster

Claimant

The Secretary of State for Communities and Local Government

First Defendant

Sainsbury’s Supermarkets Ltd

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the inspector's assessment of noise impact was procedurally fair
  2. 2 Whether the inspector correctly applied planning policy and noise guidance
  3. 3 Whether the inspector misunderstood the Delivery and Servicing Plan

Ratio Decidendi

The inspector's decision was procedurally fair, based on material before him, properly reasoned, and within his planning judgment. No breach of natural justice or misapplication of policy occurred. The conditions imposed were sufficient and the inspector was not obliged to impose further restrictions.

Court Disposition

Claim dismissed

Orders

  • Inspector's grant of planning permission in respect of both applications stands