Royal Borough of Kensington And Chelsea v The Secretary of State for Communities And Local Government

Royal Borough of Kensington And Chelsea v The Secretary of State for Communities And Local Government

The inspector’s mistake in calculating housing land supply, specifically by deducting vacant units returning to use from the requirement while including them in the supply, was material to the reasoning and led to unfairness. The error underpinned the inspector’s finding of significant oversupply, which was central to the decision to allow the appeal. Therefore, the decision must be quashed.

Parties
Claimant: The Royal Borough of Kensington and Chelsea; First Defendant: The Secretary of State for Communities and Local Government; Second Defendant: Aref Lahham
Jurisdiction
England and Wales
Judgment Date
13 July 2017
Procedural Posture
Judicial Review (planning) / Judgment on Application to Quash Planning Inspector's Decision
Outcome
Application allowed; decision quashed
Legal Topics
Mistake of Fact, Housing Land Supply, Judicial Review, Planning Permission, Statutory Interpretation
Administrative Law Planning Law Mistake of Fact Housing Land Supply Judicial Review Planning Permission Statutory Interpretation

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Parties

The Royal Borough of Kensington and Chelsea

Claimant

The Secretary of State for Communities and Local Government

First Defendant

Aref Lahham

Second Defendant

Procedural Posture

Judicial Review (planning) / Judgment on Application to Quash Planning Inspector's Decision

Legal Issues

  1. 1 Whether the planning inspector made a material mistake of fact in calculating housing land supply
  2. 2 Whether the inspector's error played a material part in the decision to allow the appeal against refusal of planning permission

Ratio Decidendi

The inspector’s mistake in calculating housing land supply, specifically by deducting vacant units returning to use from the requirement while including them in the supply, was material to the reasoning and led to unfairness. The error underpinned the inspector’s finding of significant oversupply, which was central to the decision to allow the appeal. Therefore, the decision must be quashed.

Court Disposition

Application allowed; decision quashed

Orders

  • The Secretary of State’s decision of 3rd February 2017 is quashed.