London Borough of Islington & Ors v The Mayor of London

London Borough of Islington & Ors v The Mayor of London

The Mayor of London acted within his statutory powers in adopting the REMA, which lawfully preclude boroughs from imposing rent caps on affordable rented housing through local planning policy. The REMA are not inconsistent with the NPPF, which does not require or prohibit local rent caps. The Defendant's strategy is a reasonable policy judgment, consistent with national policy, and not so flawed as to be unlawful. The London Plan properly prevails on strategic matters, and the Defendant was entitled to treat London as a single housing market. The claimants' disagreement is with the merits of the policy, not its lawfulness.

Parties
Claimant: London Borough of Islington; Claimant: London Borough of Camden; Claimant: London Borough of Brent; Claimant: London Borough of Enfield; Claimant: London Borough of Greenwich; Claimant: London Borough of Hackney; Claimant: London Borough of Lambeth; Claimant: London Borough of Southwark; Claimant: London Borough of Tower Hamlets; Defendant: Mayor of London; Interested Party: Secretary of State for Communities and Local Government
Jurisdiction
England and Wales
Judgment Date
25 March 2014
Procedural Posture
Judicial Review / Judgment
Outcome
Claim dismissed
Legal Topics
Spatial Development Strategy, Affordable Housing Policy, Statutory Interpretation, Judicial Review, National Planning Policy Framework (nppf)
Administrative Law Planning Law Local Government Law Spatial Development Strategy Affordable Housing Policy Statutory Interpretation Judicial Review National Planning Policy Framework (nppf)

Case Brief

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Parties

London Borough of Islington

Claimant

London Borough of Camden

Claimant

London Borough of Brent

Claimant

London Borough of Enfield

Claimant

London Borough of Greenwich

Claimant

London Borough of Hackney

Claimant

London Borough of Lambeth

Claimant

London Borough of Southwark

Claimant

London Borough of Tower Hamlets

Claimant

Mayor of London

Defendant

Secretary of State for Communities and Local Government

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Mayor of London's Revised Early Minor Alterations (REMA) to the London Plan unlawfully preclude boroughs from imposing rent caps on affordable rented housing
  2. 2 Whether the REMA is inconsistent with the National Planning Policy Framework (NPPF)
  3. 3 Whether the Mayor exceeded his statutory powers under the Greater London Authority Act 1999 and Planning and Compulsory Purchase Act 2004

Ratio Decidendi

The Mayor of London acted within his statutory powers in adopting the REMA, which lawfully preclude boroughs from imposing rent caps on affordable rented housing through local planning policy. The REMA are not inconsistent with the NPPF, which does not require or prohibit local rent caps. The Defendant's strategy is a reasonable policy judgment, consistent with national policy, and not so flawed as to be unlawful. The London Plan properly prevails on strategic matters, and the Defendant was entitled to treat London as a single housing market. The claimants' disagreement is with the merits of the policy, not its lawfulness.

Court Disposition

Claim dismissed