The Royal Mint Court Residents' Association, R (On the Application Of) v Secretary of State for Housing, Communities and Local Government & Ors [2026] EWHC 958 (Admin) (28 April 2026)

The Royal Mint Court Residents' Association, R (On the Application Of) v Secretary of State for Housing, Communities and Local Government & Ors [2026] EWHC 958 (Admin) (28 April 2026)

It was not irrational for the SSHCLG to omit the mitigation measures from consideration as a mandatory material consideration in the planning decision, given that national security bodies raised no objection, the SSHD's decision and funding were matters of national security, and any planning consequences could be addressed through normal regulatory processes. Even if considered, the outcome would inevitably have been the same.

Citation
[2026] EWHC 958 (Admin)
Parties
Claimant: The King (on the application of the Royal Mint Court Residents' Association); First Defendant: Secretary of State for Housing, Communities and Local Government; Second Defendant: London Borough of Tower Hamlets; Fourth Defendant: Secretary of State for the Home Department; Fifth Defendant: Secretary of State for Foreign, Commonwealth and Development Affairs
Jurisdiction
England and Wales
Judgment Date
28 April 2026
Procedural Posture
Statutory Review Under Section 288 Town and Country Planning Act 1990 / Permission Hearing on Ground 4
Outcome
Permission to rely on ground 4 refused.
Legal Topics
Material Considerations in Planning, National Security and Planning Decisions, Costs of Mitigation Measures, Section 288 TCPA 1990 Statutory Review, Judicial Review Procedure
Administrative Law Planning Law National Security Material Considerations in Planning National Security and Planning Decisions Costs of Mitigation Measures Section 288 TCPA 1990 Statutory Review Judicial Review Procedure

Case Brief

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Parties

The King (on the application of the Royal Mint Court Residents' Association)

Claimant

Secretary of State for Housing, Communities and Local Government

First Defendant

London Borough of Tower Hamlets

Second Defendant

Secretary of State for the Home Department

Fourth Defendant

Secretary of State for Foreign, Commonwealth and Development Affairs

Fifth Defendant

Procedural Posture

Statutory Review Under Section 288 Town and Country Planning Act 1990 / Permission Hearing on Ground 4

Legal Issues

  1. 1 Whether the Secretary of State for Housing, Communities and Local Government irrationally failed to take into account mitigation measures for national security as a mandatory material consideration in granting planning permission for the Chinese Embassy.

Ratio Decidendi

It was not irrational for the SSHCLG to omit the mitigation measures from consideration as a mandatory material consideration in the planning decision, given that national security bodies raised no objection, the SSHD's decision and funding were matters of national security, and any planning consequences could be addressed through normal regulatory processes. Even if considered, the outcome would inevitably have been the same.

Court Disposition

Permission to rely on ground 4 refused.