London Borough of Haringey v Secretary of State for Levelling Up, Housing and Communities & Anor [2024] EWHC 2378 (Admin) (19 September 2024)

London Borough of Haringey v Secretary of State for Levelling Up, Housing and Communities & Anor [2024] EWHC 2378 (Admin) (19 September 2024)

The inspector lawfully granted permission in principle for residential development, properly considering planning suitability including matters to be secured at the technical details consent stage, and provided adequate reasons. There is no legal requirement to exclude such matters from consideration at the PiP stage.

Citation
[2024] EWHC 2378 (Admin)
Parties
Claimant: London Borough of Haringey; First Defendant: Secretary of State for Levelling Up, Housing and Communities; Second Defendant: United Properties London Limited
Jurisdiction
England and Wales
Judgment Date
19 September 2024
Procedural Posture
Judicial Review (statutory Review Under S.288 Town and Country Planning Act 1990) / Renewed Application for Permission for Statutory Review
Outcome
Application for permission for statutory review dismissed
Legal Topics
Permission in Principle (pi P), Statutory Review, Development Plan Policies, Open Space Protection, Nature Conservation, Technical Details Consent

Case Brief

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Parties

London Borough of Haringey

Claimant

Secretary of State for Levelling Up, Housing and Communities

First Defendant

United Properties London Limited

Second Defendant

Procedural Posture

Judicial Review (statutory Review Under S.288 Town and Country Planning Act 1990) / Renewed Application for Permission for Statutory Review

  1. 1 Whether the inspector's grant of permission in principle (PiP) was contrary to law
  2. 2 Whether the inspector unlawfully relied on matters to be secured at the technical details consent stage
  3. 3 Whether the inspector's reasons were legally inadequate or unreasonable

Ratio Decidendi

The inspector lawfully granted permission in principle for residential development, properly considering planning suitability including matters to be secured at the technical details consent stage, and provided adequate reasons. There is no legal requirement to exclude such matters from consideration at the PiP stage.

Court Disposition

Application for permission for statutory review dismissed

Orders

  • Renewed application for permission for statutory review is dismissed