Carroll v Secretary of State for Communities and Local Government & Ors [2015] EWHC 316 (Admin) (17 February 2015)

Carroll v Secretary of State for Communities and Local Government & Ors [2015] EWHC 316 (Admin) (17 February 2015)

The Inspector acted unlawfully by failing to give the Claimant an opportunity to comment on the change of use from B1 to B8 and its implications, and by amending the description of development without consultation. The Inspector also failed to have regard to material considerations, specifically the Council's refusal of a similar application and Strategic Objective CO2. These procedural failures caused substantial prejudice to the Claimant and rendered the decision unlawful.

Citation
[2015] EWHC 316 (Admin)
Parties
Claimant: Niall Carroll; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Royal Borough of Kensington and Chelsea; Third Defendant: Zipporah Lisle-Mainwaring
Jurisdiction
England and Wales
Judgment Date
17 February 2015
Procedural Posture
Judicial Review (planning) / High Court Judgment on Application to Quash Planning Permission
Outcome
Claim allowed; planning permission quashed.
Legal Topics
Procedural Fairness in Planning Appeals, Change of Use (planning), Material Considerations in Planning Decisions, Amendment of Development Description, Consultation Rights of Interested Parties
Administrative Law Planning Law Procedural Fairness in Planning Appeals Change of Use (planning) Material Considerations in Planning Decisions Amendment of Development Description Consultation Rights of Interested Parties

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Parties

Niall Carroll

Claimant

Secretary of State for Communities and Local Government

First Defendant

Royal Borough of Kensington and Chelsea

Second Defendant

Zipporah Lisle-Mainwaring

Third Defendant

Procedural Posture

Judicial Review (planning) / High Court Judgment on Application to Quash Planning Permission

Legal Issues

  1. 1 Whether the Inspector acted unlawfully by failing to give the Claimant an opportunity to comment on the change of use from B1 to B8 and its implications for the appeal.
  2. 2 Whether the Inspector acted unlawfully in amending the description of development without consultation.
  3. 3 Whether the Inspector failed to have regard to material considerations, specifically the Council's refusal of a similar application and Strategic Objective CO2.

Ratio Decidendi

The Inspector acted unlawfully by failing to give the Claimant an opportunity to comment on the change of use from B1 to B8 and its implications, and by amending the description of development without consultation. The Inspector also failed to have regard to material considerations, specifically the Council's refusal of a similar application and Strategic Objective CO2. These procedural failures caused substantial prejudice to the Claimant and rendered the decision unlawful.

Court Disposition

Claim allowed; planning permission quashed.

Orders

  • The decision of the First Defendant dated 9 July 2014 granting planning permission to the Third Defendant is quashed.