R (on the application of The Spitalfields Historic Building Trust) v London Borough of Tower Hamlets and another

R (on the application of The Spitalfields Historic Building Trust) v London Borough of Tower Hamlets and another

The Local Government Act 1972 confers power on local authorities to make standing orders regulating their proceedings and business, including restricting voting on deferred matters to councillors present throughout. Such standing orders are lawful if rational, for a proper purpose, and consistent with the democratic...

Source-derived case information.

Parties
Appellant: The Spitalfields Historic Building Trust; 1st Respondent: London Borough of Tower Hamlets; 2nd Respondent: Old Truman Brewery Ltd
Jurisdiction
England and Wales
Judgment Date
26 March 2025
Procedural Posture
Judicial Review / Supreme Court Appeal
Outcome
Appeal dismissed
Legal Topics
Standing Orders, Local Authority Decision Making, Councillor Voting Rights, Planning Permission, Statutory Interpretation
Administrative Law Local Government Law Planning Law Standing Orders Local Authority Decision Making Councillor Voting Rights Planning Permission Statutory Interpretation

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Summary, issues, holding and outcome

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Parties

The Spitalfields Historic Building Trust

Appellant

London Borough of Tower Hamlets

1st Respondent

Old Truman Brewery Ltd

2nd Respondent

Procedural Posture

Judicial Review / Supreme Court Appeal

Legal Issues

  1. 1 Whether a local authority's standing orders lawfully restrict voting on deferred planning applications to councillors present at all relevant meetings
  2. 2 Whether such standing orders are within the statutory powers conferred by the Local Government Act 1972 and related legislation

Ratio Decidendi

The Local Government Act 1972 confers power on local authorities to make standing orders regulating their proceedings and business, including restricting voting on deferred matters to councillors present throughout. Such standing orders are lawful if rational, for a proper purpose, and consistent with the democratic principle underlying the Act. The relevant standing orders in this case were within the statutory powers and lawfully made.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.