London Borough of Haringey v Secretary of State for Levelling Up, Housing and Communities & Anor

London Borough of Haringey v Secretary of State for Levelling Up, Housing and Communities & Anor

The inspector was entitled to consider and rely on matters that would be secured at the technical details consent stage when assessing planning suitability for PiP. There is no legal requirement to consider suitability in isolation from such matters, and the inspector's reasons were adequate. The application for permission for statutory review does not have a realistic prospect of success.

Parties
Claimant: London Borough of Haringey; First Defendant: Secretary of State for Levelling Up, Housing and Communities; Second Defendant: United Properties London Limited
Jurisdiction
England and Wales
Judgment Date
19 September 2024
Procedural Posture
Statutory Review / Renewed Application for Permission
Outcome
application dismissed
Legal Topics
Permission in Principle, Statutory Review, Local Planning Authority Powers, Planning Appeals, Open Space Designation, Biodiversity, Technical Details Consent
Planning Law Administrative Law Permission in Principle Statutory Review Local Planning Authority Powers Planning Appeals Open Space Designation Biodiversity +1 more

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Parties

London Borough of Haringey

Claimant

Secretary of State for Levelling Up, Housing and Communities

First Defendant

United Properties London Limited

Second Defendant

Procedural Posture

Statutory Review / Renewed Application for Permission

Legal Issues

  1. 1 Whether the inspector's decision to grant permission in principle (PiP) was contrary to law
  2. 2 Whether PiP can lawfully be granted relying on matters to be secured at the technical details consent stage
  3. 3 Whether the inspector's reasons were legally adequate

Ratio Decidendi

The inspector was entitled to consider and rely on matters that would be secured at the technical details consent stage when assessing planning suitability for PiP. There is no legal requirement to consider suitability in isolation from such matters, and the inspector's reasons were adequate. The application for permission for statutory review does not have a realistic prospect of success.

Court Disposition

application dismissed

Orders

  • Renewed application for permission for statutory review dismissed