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 of fact in double-counting vacant units returning to use played a material part in his reasoning and decision, resulting in unfairness; 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: Charles Noell
Jurisdiction
England and Wales
Judgment Date
13 July 2017
Procedural Posture
Judicial Review (section 288 TCPA 1990) / Judgment on Application to Quash Planning Inspector's Decision
Outcome
Application allowed; decision quashed
Legal Topics
Mistake of Fact, Judicial Review, Housing Land Supply, Planning Permission, Statutory Interpretation
Planning Law Administrative Law Mistake of Fact Judicial Review Housing Land Supply 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

Charles Noell

Second Defendant

Procedural Posture

Judicial Review (section 288 TCPA 1990) / 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 by double-counting vacant units returning to use
  2. 2 Whether the inspector made a further mistake of fact by double-counting recent planning permissions in the housing supply assessment
  3. 3 Whether such mistakes materially affected the inspector’s decision and resulted in unfairness

Ratio Decidendi

The inspector’s mistake of fact in double-counting vacant units returning to use played a material part in his reasoning and decision, resulting in unfairness; therefore, the decision must be quashed.

Court Disposition

Application allowed; decision quashed

Orders

  • The Secretary of State’s decision of 17 January 2017 is quashed.