London Borough of Hackney v Secretary of State for Housing Communities And Local Government & Ors [2021] EWHC 720 (Admin) (25 March 2021)

London Borough of Hackney v Secretary of State for Housing Communities And Local Government & Ors [2021] EWHC 720 (Admin) (25 March 2021)

The Inspector's decision was unlawful due to misinterpretation of permitted development rights in light of unlawful building operations, failure to properly interpret and apply minimum space standards in the London Plan, and omission of mandatory consideration of outlook under Policy DM2. These errors vitiated the decision and required the appeal to be remitted for reconsideration.

Citation
[2021] EWHC 720 (Admin)
Parties
Claimant/appellant: London Borough of Hackney; First Defendant/respondent: Secretary of State for Housing Communities and Local Government; Second Defendant/respondent: Avon Group of Companies; Third Defendant/respondent: Triplerose Limited
Jurisdiction
England and Wales
Judgment Date
25 March 2021
Procedural Posture
Judicial Review and Statutory Appeal / High Court Judgment
Outcome
Application for statutory review allowed; Inspector's decision quashed and remitted for reconsideration by a different Inspector.
Legal Topics
Permitted Development Rights, Enforcement Notice Appeals, Interpretation of Development Plan Policies, Minimum Space Standards, Amenity and Outlook, Statutory Review Under TCPA 1990
Planning Law Administrative Law Permitted Development Rights Enforcement Notice Appeals Interpretation of Development Plan Policies Minimum Space Standards Amenity and Outlook Statutory Review Under TCPA 1990

Case Brief

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Parties

London Borough of Hackney

Claimant/appellant

Secretary of State for Housing Communities and Local Government

First Defendant/respondent

Avon Group of Companies

Second Defendant/respondent

Triplerose Limited

Third Defendant/respondent

Procedural Posture

Judicial Review and Statutory Appeal / High Court Judgment

Legal Issues

  1. 1 Whether the Inspector erred in law in allowing the appeal on ground (c) regarding permitted development rights and unlawful building operations
  2. 2 Whether the Inspector erred in law in allowing the appeal on ground (a) regarding compliance with the development plan, interpretation of Policy 3.5 of the London Plan, and consideration of outlook under Policy DM2

Ratio Decidendi

The Inspector's decision was unlawful due to misinterpretation of permitted development rights in light of unlawful building operations, failure to properly interpret and apply minimum space standards in the London Plan, and omission of mandatory consideration of outlook under Policy DM2. These errors vitiated the decision and required the appeal to be remitted for reconsideration.

Court Disposition

Application for statutory review allowed; Inspector's decision quashed and remitted for reconsideration by a different Inspector.

Orders

  • Inspector's decision quashed in its entirety
  • Appeal remitted to Secretary of State for reconsideration by another Inspector