Holborn Studios Ltd, R (on the application of) v London Borough of Hackney & Anor

Holborn Studios Ltd, R (on the application of) v London Borough of Hackney & Anor

The defendant failed to comply with statutory and policy requirements for disclosure of viability assessment and background papers, rendering the process opaque and preventing meaningful public participation. This legal error was material and required the planning decision to be quashed. The claimant's complaints regarding lobbying and interpretation of planning policy were not made out, as the claimant had sufficient opportunity to present objections and the committee report correctly interpreted relevant policies.

Parties
Claimant: Holborn Studios Limited; Defendant: London Borough of Hackney; Interested Party: GHL (Eagle Wharf Road) Limited
Jurisdiction
England and Wales
Judgment Date
11 June 2020
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed in part; planning decision quashed
Legal Topics
Viability Assessment Disclosure, Affordable Housing Contributions, Procedural Fairness, Freedom of Expression, Interpretation of Planning Policy
Planning Law Administrative Law Local Government Law Viability Assessment Disclosure Affordable Housing Contributions Procedural Fairness Freedom of Expression Interpretation of Planning Policy

Case Brief

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Parties

Holborn Studios Limited

Claimant

London Borough of Hackney

Defendant

GHL (Eagle Wharf Road) Limited

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the defendant failed to comply with statutory requirements for disclosure of viability assessment and background papers under the Local Government Act 1972
  2. 2 Whether the defendant's approach to lobbying and communication with committee members breached Article 10 ECHR and procedural fairness
  3. 3 Whether the committee report misinterpreted or misapplied planning policies regarding retention of creative industry uses

Ratio Decidendi

The defendant failed to comply with statutory and policy requirements for disclosure of viability assessment and background papers, rendering the process opaque and preventing meaningful public participation. This legal error was material and required the planning decision to be quashed. The claimant's complaints regarding lobbying and interpretation of planning policy were not made out, as the claimant had sufficient opportunity to present objections and the committee report correctly interpreted relevant policies.

Court Disposition

Claim allowed in part; planning decision quashed

Orders

  • The defendant's decision granting planning permission to the interested party is quashed.
  • No relief granted on grounds two and three.