Royal Borough of Kensington & Chelsea, R (on the application of) v Secretary of State for Communities & Local Government & Anor

Royal Borough of Kensington & Chelsea, R (on the application of) v Secretary of State for Communities & Local Government & Anor

The Inspector lawfully identified conflict with Policy CL7 criteria, considered material circumstances including the existence of extant planning permission and evidence on construction impacts, and rationally concluded that the appeal scheme would not be materially more harmful than the approved scheme; reliance on a CTMP was consistent with policy and justified.

Parties
Claimant: Royal Borough of Kensington & Chelsea; First Defendant: Secretary of State for Communities & Local Government; Second Defendant: Michael Wyn Harold
Jurisdiction
England and Wales
Judgment Date
01 March 2016
Procedural Posture
Judicial Review / Final Judgment
Outcome
claim dismissed
Legal Topics
Basement Development, Development Plan Policy, Planning Permission, Construction Traffic Management, Residential Amenity
Planning Law Basement Development Development Plan Policy Planning Permission Construction Traffic Management Residential Amenity

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Royal Borough of Kensington & Chelsea

Claimant

Secretary of State for Communities & Local Government

First Defendant

Michael Wyn Harold

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Did the Inspector err in his approach to Core Strategy Policy CL7 criteria a., b., c., k., and l.?
  2. 2 Was the Inspector's reliance on a Construction Traffic Management Plan (CTMP) lawful and rational?
  3. 3 Did the Inspector properly weigh material considerations against conflict with the Development Plan?

Ratio Decidendi

The Inspector lawfully identified conflict with Policy CL7 criteria, considered material circumstances including the existence of extant planning permission and evidence on construction impacts, and rationally concluded that the appeal scheme would not be materially more harmful than the approved scheme; reliance on a CTMP was consistent with policy and justified.

Court Disposition

claim dismissed

Orders

  • claim dismissed
  • claimant to pay first defendant's costs summarily assessed at £14,886