Pyrosome Ltd v Secretary of State for Levelling Up Housing and Communities & Anor

Pyrosome Ltd v Secretary of State for Levelling Up Housing and Communities & Anor

The claim discloses no arguable error of law in the Inspector’s decision. The Inspector’s evaluative judgments on character and appearance, car parking, affordable housing, and dormer loft conversion were within his remit and not flawed in public law terms. Even if there were arguable errors on other grounds, the adverse finding on character and appearance is fatal to the application. The wrong form and fee do not constitute a knockout blow at the permission stage.

Parties
Claimant: Pyrosome Ltd; First Defendant: Secretary of State for Levelling Up Housing and Communities; Second Defendant: London Borough of Richmond Upon Thames
Jurisdiction
England and Wales
Judgment Date
14 March 2023
Procedural Posture
Statutory Review (planning) / Renewed Application for Permission
Outcome
Permission for Statutory Review refused
Legal Topics
Statutory Review, Planning Permission, Judicial Review, Delay, Standing, Costs
Planning Law Administrative Law Statutory Review Planning Permission Judicial Review Delay Standing Costs

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Parties

Pyrosome Ltd

Claimant

Secretary of State for Levelling Up Housing and Communities

First Defendant

London Borough of Richmond Upon Thames

Second Defendant

Procedural Posture

Statutory Review (planning) / Renewed Application for Permission

Legal Issues

  1. 1 Whether the claim is out of time due to wrong form and fee
  2. 2 Whether the Inspector's decision involved errors of law or unreasonable evaluative judgments
  3. 3 Whether the Inspector erred in assessing character and appearance, car parking, affordable housing, and dormer loft conversion

Ratio Decidendi

The claim discloses no arguable error of law in the Inspector’s decision. The Inspector’s evaluative judgments on character and appearance, car parking, affordable housing, and dormer loft conversion were within his remit and not flawed in public law terms. Even if there were arguable errors on other grounds, the adverse finding on character and appearance is fatal to the application. The wrong form and fee do not constitute a knockout blow at the permission stage.

Court Disposition

Permission for Statutory Review refused

Orders

  • Claimant to pay the Secretary of State’s costs of preparing the acknowledgement of service, summarily assessed at £5,804.50