The Mayor of London v the Secretary of State for Housing, Communities And Local Government & Ors

The Mayor of London v the Secretary of State for Housing, Communities And Local Government & Ors

The challenge to the planning appeal decision fails because the Secretary of State did not act unfairly, properly considered all relevant harms including heritage harm, and the decision would inevitably have been the same even if any error had occurred. However, the costs order against the Mayor was legally flawed due to errors in the Inspector's reasoning and must be quashed.

Parties
Claimant: The Mayor of London; First Defendant: The Secretary of State for Housing, Communities and Local Government; Second Defendant: The Keepers and Governors of the Free Grammar School of John Lyon (Harrow School); Third Defendant: The London Borough of Harrow
Jurisdiction
England and Wales
Judgment Date
12 May 2020
Procedural Posture
Statutory Review and Judicial Review / Judgment After Hearing
Outcome
Claim CO/4849/2019 (planning appeal challenge) dismissed; Claim CO/4851/2019 (costs order challenge) allowed; costs order quashed.
Legal Topics
Statutory Review Under S.288 TCPA 1990, Costs in Planning Appeals, Metropolitan Open Land (mol) Policy, Heritage Assets and Planning, Very Special Circumstances (vsc) in Planning, Procedural Fairness in Planning Inquiries
Planning Law Administrative Law Local Government Law Statutory Review Under S.288 TCPA 1990 Costs in Planning Appeals Metropolitan Open Land (mol) Policy Heritage Assets and Planning Very Special Circumstances (vsc) in Planning +1 more

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Parties

The Mayor of London

Claimant

The Secretary of State for Housing, Communities and Local Government

First Defendant

The Keepers and Governors of the Free Grammar School of John Lyon (Harrow School)

Second Defendant

The London Borough of Harrow

Third Defendant

Procedural Posture

Statutory Review and Judicial Review / Judgment After Hearing

Legal Issues

  1. 1 Whether the Secretary of State acted unfairly by departing from an agreed Statement of Common Ground without notice (Ground 1)
  2. 2 Whether the Secretary of State failed to take into account harm to MOL purposes as required (Ground 2)
  3. 3 Whether the Secretary of State failed to include heritage harm as 'other harm' in the Very Special Circumstances balance (Ground 3)

Ratio Decidendi

The challenge to the planning appeal decision fails because the Secretary of State did not act unfairly, properly considered all relevant harms including heritage harm, and the decision would inevitably have been the same even if any error had occurred. However, the costs order against the Mayor was legally flawed due to errors in the Inspector's reasoning and must be quashed.

Court Disposition

Claim CO/4849/2019 (planning appeal challenge) dismissed; Claim CO/4851/2019 (costs order challenge) allowed; costs order quashed.

Orders

  • The claim in CO/4849/2019 is dismissed; no intervention in the planning appeal decision.
  • The claim in CO/4851/2019 is allowed; the Secretary of State’s decision to order the Mayor to pay the School’s costs is quashed.