Seven Capital (Highgate Hill) Ltd v Secretary of State for Housing, Communities and Local Government & Anor [2024] EWHC 2383 (Admin) (24 September 2024)

Seven Capital (Highgate Hill) Ltd v Secretary of State for Housing, Communities and Local Government & Anor [2024] EWHC 2383 (Admin) (24 September 2024)

The inspector's reasons for refusing planning permission were legally adequate; the 15-month alternative was not a viable or pursued option; fire safety concerns were properly addressed; and the Community Infrastructure Levy issue was immaterial to the outcome, so permission for statutory review was refused.

Citation
[2024] EWHC 2383 (Admin)
Parties
Claimant: Seven Capital (Highgate Hill) Ltd; First Defendant: Secretary of State for Housing, Communities and Local Government; Second Defendant: Islington Council
Jurisdiction
England and Wales
Judgment Date
24 September 2024
Procedural Posture
Planning Statutory Review / Renewed Application for Permission
Outcome
Application dismissed
Legal Topics
Statutory Review, Planning Permission, Temporary Use, Fire Safety, Community Infrastructure Levy, Judicial Review Principles
Planning Law Administrative Law Statutory Review Planning Permission Temporary Use Fire Safety Community Infrastructure Levy Judicial Review Principles

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Parties

Seven Capital (Highgate Hill) Ltd

Claimant

Secretary of State for Housing, Communities and Local Government

First Defendant

Islington Council

Second Defendant

Procedural Posture

Planning Statutory Review / Renewed Application for Permission

Legal Issues

  1. 1 Whether the inspector gave legally adequate reasons for refusing planning permission for a two-year temporary use
  2. 2 Whether the inspector failed to consider a 15-month permission as an alternative
  3. 3 Whether the inspector gave adequate reasons regarding fire safety detail

Ratio Decidendi

The inspector's reasons for refusing planning permission were legally adequate; the 15-month alternative was not a viable or pursued option; fire safety concerns were properly addressed; and the Community Infrastructure Levy issue was immaterial to the outcome, so permission for statutory review was refused.

Court Disposition

Application dismissed

Orders

  • Renewed application for permission for statutory review dismissed
  • Costs orders made by Lang J (29.7.24) to stand