The Spitalfields Historic Building Trust, R (on the application of) v London Borough of Tower Hamlets

The Spitalfields Historic Building Trust, R (on the application of) v London Borough of Tower Hamlets

The council's standing order restricting voting on deferred planning applications to members present at all relevant meetings is a lawful exercise of its power under paragraph 42 of Schedule 12 to the Local Government Act 1972 to regulate its proceedings and business. Such a restriction is rational, does not offend statutory requirements for political balance or majority voting, and is not precluded by the existence of other statutory voting restrictions.

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
11 September 2024
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Standing Orders, Committee Voting Rights, Planning Permission, Judicial Review, Statutory Interpretation
Administrative Law Local Government Law Planning Law Standing Orders Committee Voting Rights Planning Permission Judicial Review Statutory Interpretation

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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 From High Court to Court of Appeal

Legal Issues

  1. 1 Whether a local authority's standing order restricting voting on deferred planning applications to members present at all relevant meetings is lawful under the Local Government Act 1972, Schedule 12, paragraph 42.

Ratio Decidendi

The council's standing order restricting voting on deferred planning applications to members present at all relevant meetings is a lawful exercise of its power under paragraph 42 of Schedule 12 to the Local Government Act 1972 to regulate its proceedings and business. Such a restriction is rational, does not offend statutory requirements for political balance or majority voting, and is not precluded by the existence of other statutory voting restrictions.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.