Mayor of London, R (on the application of) v First Secretary of State & Ors [2008] EWHC 631 (Admin) (07 April 2008)

Mayor of London, R (on the application of) v First Secretary of State & Ors [2008] EWHC 631 (Admin) (07 April 2008)

The Secretary of State was entitled to conclude that the Mayor acted unreasonably in issuing a direction to refuse planning permission without substantiating strategic grounds, and that this unreasonable conduct caused unnecessary expense, justifying an award of costs against the Mayor.

Citation
[2008] EWHC 631 (Admin)
Parties
Claimant: The Queen on the application of the Mayor of London; Defendant: First Secretary of State; Interested Party: Victoria Hall Ltd; Interested Party: London Borough of Brent
Jurisdiction
England and Wales
Judgment Date
07 April 2008
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Costs in Planning Appeals, Strategic Planning Powers, Mayor of London Directions, Unreasonable Behaviour in Planning, Award of Costs
Administrative Law Planning Law Costs in Planning Appeals Strategic Planning Powers Mayor of London Directions Unreasonable Behaviour in Planning Award of Costs

Case Brief

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Parties

The Queen on the application of the Mayor of London

Claimant

First Secretary of State

Defendant

Victoria Hall Ltd

Interested Party

London Borough of Brent

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Secretary of State erred in awarding costs against the Mayor of London for issuing a direction to refuse planning permission
  2. 2 Whether the Mayor's direction was substantiated by evidence of strategic importance
  3. 3 Whether the Secretary of State applied the correct legal test for unreasonable behaviour

Ratio Decidendi

The Secretary of State was entitled to conclude that the Mayor acted unreasonably in issuing a direction to refuse planning permission without substantiating strategic grounds, and that this unreasonable conduct caused unnecessary expense, justifying an award of costs against the Mayor.

Court Disposition

Application dismissed

Orders

  • The application for judicial review is dismissed.
  • The costs award against the Mayor of London stands.