Ikram v Secretary of State for Housing, Communities And Local Government & Ors

Ikram v Secretary of State for Housing, Communities And Local Government & Ors

The Inspector erred in law by granting planning permission for the entire Appeal Site based only on consideration of the Limited Use of the Mosque. The unilateral undertaking did not cure the fundamental defect, as the planning impacts of broader use were not assessed. The High Court was correct to quash the decision.

Parties
Respondent: Khalid Ikram; 1st Appellant: Secretary of State for Housing, Communities and Local Government; 2nd Appellant/interested Party: Sayed Veqar Hussain; 3rd Appellant/interested Party: Trustees of the Charity known as Islamic Link; 4th Appellant/interested Party: Bubal Murad Centre; 1st Interested Party: London Borough of Brent
Jurisdiction
England and Wales
Judgment Date
06 January 2021
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Planning Permission, Judicial Review, Enforcement Notice, Planning Conditions, Section 106 Undertaking
Planning Law Administrative Law Planning Permission Judicial Review Enforcement Notice Planning Conditions Section 106 Undertaking

Case Brief

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Parties

Khalid Ikram

Respondent

Secretary of State for Housing, Communities and Local Government

1st Appellant

Sayed Veqar Hussain

2nd Appellant/interested Party

Trustees of the Charity known as Islamic Link

3rd Appellant/interested Party

Bubal Murad Centre

4th Appellant/interested Party

London Borough of Brent

1st Interested Party

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Inspector erred in granting planning permission for the entire Appeal Site rather than the Limited Use of the Mosque
  2. 2 Whether the unilateral undertaking under section 106 cured the legal defect in the Inspector’s decision
  3. 3 Admissibility of post-decision evidence from the Inspector

Ratio Decidendi

The Inspector erred in law by granting planning permission for the entire Appeal Site based only on consideration of the Limited Use of the Mosque. The unilateral undertaking did not cure the fundamental defect, as the planning impacts of broader use were not assessed. The High Court was correct to quash the decision.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The High Court’s order quashing the Inspector’s decision is upheld.