London Borough of Hackney v Secretary of State for Housing Communities And Local Government & Ors

London Borough of Hackney v Secretary of State for Housing Communities And Local Government & Ors

The Inspector's decision was vitiated by material errors of law: misapplication of permitted development rights due to unlawful building operations, failure to properly interpret and apply minimum space standards and outlook requirements, and omission of the essential step of determining whether the development accorded with the development plan as a whole. These errors required the decision to be quashed and remitted for reconsideration.

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 / Final 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 Considerations
Planning Law Administrative Law Permitted Development Rights Enforcement Notice Appeals Interpretation of Development Plan Policies Minimum Space Standards Amenity Considerations

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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 / Final Judgment

Legal Issues

  1. 1 Whether the Inspector erred in law in allowing the appeal on ground (c) by misapplying permitted development rights
  2. 2 Whether the Inspector erred in law in allowing the appeal on ground (a) by failing to properly apply development plan policies, including minimum space standards and outlook
  3. 3 Whether the Inspector failed to determine if the development accorded with the development plan as a whole

Ratio Decidendi

The Inspector's decision was vitiated by material errors of law: misapplication of permitted development rights due to unlawful building operations, failure to properly interpret and apply minimum space standards and outlook requirements, and omission of the essential step of determining whether the development accorded with the development plan as a whole. These errors required the decision to be quashed and 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.