Mayor of London, R (on the application of) v First Secretary of State & Ors

Mayor of London, R (on the application of) v First Secretary of State & Ors

The Secretary of State lawfully concluded that the Mayor of London acted unreasonably in issuing a direction to refuse planning permission without substantiating that the reasons were of strategic importance, and was justified in awarding costs against the Mayor. The Secretary of State applied the correct legal test, considered all relevant evidence and policy, and gave adequate reasons for his decision.

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 / Judgment
Outcome
Application dismissed
Legal Topics
Costs in Planning Appeals, Strategic Planning Powers, Judicial Review of Administrative Action
Administrative Law Planning Law Costs in Planning Appeals Strategic Planning Powers Judicial Review of Administrative Action

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 / Judgment

Legal Issues

  1. 1 Whether the Secretary of State erred in law in awarding costs against the Mayor of London for issuing a direction to refuse planning permission
  2. 2 Whether the Mayor's direction was unreasonable and unsupported by evidence of strategic importance
  3. 3 Whether the Secretary of State failed to consider relevant evidence or misapplied policy guidance

Ratio Decidendi

The Secretary of State lawfully concluded that the Mayor of London acted unreasonably in issuing a direction to refuse planning permission without substantiating that the reasons were of strategic importance, and was justified in awarding costs against the Mayor. The Secretary of State applied the correct legal test, considered all relevant evidence and policy, and gave adequate reasons for his decision.

Court Disposition

Application dismissed

Orders

  • The application for judicial review is dismissed.