Singhal UK Ltd v Secretary of State for Levelling Up Housing and Communities & Anor [2025] EWHC 1967 (Admin) (01 August 2025)

Singhal UK Ltd v Secretary of State for Levelling Up Housing and Communities & Anor [2025] EWHC 1967 (Admin) (01 August 2025)

The inspector acted with procedural unfairness by imposing a condition removing permitted development rights without giving the parties an opportunity to address the issue, which substantially prejudiced the claimant. The other grounds failed as the inspector's reasoning on the NPPF and the incidental use of the outbuilding was adequate and within his discretion.

Citation
[2025] EWHC 1967 (Admin)
Parties
Claimant/appellant: Singhal UK Limited; First Defendant/respondent: Secretary of State for Levelling Up Housing and Communities; Second Defendant/respondent: Hounslow London Borough Council
Jurisdiction
England and Wales
Judgment Date
01 August 2025
Procedural Posture
Planning Statutory Review and Section 289 Appeal / Judgment After Substantive Hearing
Outcome
Claimant's challenge succeeds on the ground of procedural unfairness; other grounds dismissed.
Legal Topics
Permitted Development Rights, Planning Enforcement, Procedural Fairness, Statutory Review, Planning Conditions
Planning Law Administrative Law Permitted Development Rights Planning Enforcement Procedural Fairness Statutory Review Planning Conditions

Case Brief

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Parties

Singhal UK Limited

Claimant/appellant

Secretary of State for Levelling Up Housing and Communities

First Defendant/respondent

Hounslow London Borough Council

Second Defendant/respondent

Procedural Posture

Planning Statutory Review and Section 289 Appeal / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the inspector acted unfairly in imposing a condition removing permitted development rights without giving parties an opportunity to address the issue
  2. 2 Whether the inspector failed to consider or give adequate reasons regarding the National Planning Policy Framework (NPPF)
  3. 3 Whether the inspector failed to take into account material considerations or give adequate reasons regarding the incidental use of the outbuilding

Ratio Decidendi

The inspector acted with procedural unfairness by imposing a condition removing permitted development rights without giving the parties an opportunity to address the issue, which substantially prejudiced the claimant. The other grounds failed as the inspector's reasoning on the NPPF and the incidental use of the outbuilding was adequate and within his discretion.

Court Disposition

Claimant's challenge succeeds on the ground of procedural unfairness; other grounds dismissed.

Orders

  • Parties to agree a mechanism to address the imposition of the condition or make written submissions within 14 days; no re-argument of merits permitted.