The Spitalfields Historic Building Trust, R (On the Application Of) v London Borough Of Tower Hamlets [2023] EWCA Civ 917 (28 July 2023)

The Spitalfields Historic Building Trust, R (On the Application Of) v London Borough Of Tower Hamlets [2023] EWCA Civ 917 (28 July 2023)

A local authority's standing order restricting voting on deferred planning applications to committee members present at all relevant meetings is within the authority's power under paragraph 42 of Schedule 12 to the Local Government Act 1972. Such a rule regulates the proceedings and business of the committee, is rational, and is not ultra vires. There is no requirement for explicit statutory authority to impose such a restriction, and it does not unlawfully infringe councillors' entitlement to vote or the statutory requirements for political proportionality.

Citation
[2023] EWCA Civ 917
Parties
Claimant/appellant: THE SPITALFIELDS HISTORIC BUILDING TRUST; Defendant/first Respondent: LONDON BOROUGH OF TOWER HAMLETS; Interested Party/second Respondent: OLD TRUMAN BREWERY LTD.
Jurisdiction
England and Wales
Judgment Date
28 July 2023
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Standing Orders, Committee Voting Rights, Planning Permission, Local Authority Constitution, Ultra Vires, Judicial Review
Administrative Law Local Government Law Planning Law Standing Orders Committee Voting Rights Planning Permission Local Authority Constitution Ultra Vires +1 more

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Parties

THE SPITALFIELDS HISTORIC BUILDING TRUST

Claimant/appellant

LONDON BOROUGH OF TOWER HAMLETS

Defendant/first Respondent

OLD TRUMAN BREWERY LTD.

Interested Party/second Respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a local authority may lawfully restrict voting on deferred planning applications to committee members present at all relevant meetings via standing orders under the Local Government Act 1972, Schedule 12, paragraph 42.

Ratio Decidendi

A local authority's standing order restricting voting on deferred planning applications to committee members present at all relevant meetings is within the authority's power under paragraph 42 of Schedule 12 to the Local Government Act 1972. Such a rule regulates the proceedings and business of the committee, is rational, and is not ultra vires. There is no requirement for explicit statutory authority to impose such a restriction, and it does not unlawfully infringe councillors' entitlement to vote or the statutory requirements for political proportionality.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. The order of Morris J. dismissing the claim for judicial review is upheld.