Entertainu Ltd, R (on the application of) v Westminster City Council

Entertainu Ltd, R (on the application of) v Westminster City Council

The inspector dismissed the appeal on a ground (a fundamental policy objection to any hostess bar in the area) that was not clearly put to the claimant, depriving them of a fair opportunity to address it. This procedural unfairness required the decision to be quashed and the matter remitted for reconsideration.

Parties
Claimant: Entertainu Ltd; Defendant: Westminster City Council
Jurisdiction
England and Wales
Judgment Date
06 May 2003
Procedural Posture
Judicial Review / Judgment on Application to Quash Planning Inspector's Decision
Outcome
Appeal allowed; inspector's decision quashed; matter remitted for reconsideration; costs awarded to claimant.
Legal Topics
Enforcement Notice, Planning Permission, Sex Related Uses, Conservation Area, Judicial Review
Planning Law Administrative Law Enforcement Notice Planning Permission Sex Related Uses Conservation Area Judicial Review

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Entertainu Ltd

Claimant

Westminster City Council

Defendant

Procedural Posture

Judicial Review / Judgment on Application to Quash Planning Inspector's Decision

Legal Issues

  1. 1 Whether the planning inspector's decision to dismiss the appeal against enforcement notice and refusal of planning permission was made on grounds properly put to the parties
  2. 2 Whether the claimant had a fair opportunity to address the fundamental policy objection relied on by the inspector

Ratio Decidendi

The inspector dismissed the appeal on a ground (a fundamental policy objection to any hostess bar in the area) that was not clearly put to the claimant, depriving them of a fair opportunity to address it. This procedural unfairness required the decision to be quashed and the matter remitted for reconsideration.

Court Disposition

Appeal allowed; inspector's decision quashed; matter remitted for reconsideration; costs awarded to claimant.

Orders

  • Inspector's decision quashed insofar as it refuses planning permission.
  • Appeal against enforcement notice remitted for reconsideration by the Secretary of State.