Stefanou, R (on the application of) v Westminster City Council & Anor

Stefanou, R (on the application of) v Westminster City Council & Anor

Westminster City Council failed to have regard to the newly adopted basement development policy CM28.1 when considering the 2016 application; the planning permission and listed building consent must be quashed as the statutory requirements under s 70(2) TCPA 1990 and s 38(6) PCPA 2004 were not properly applied.

Parties
Claimant: Stelio Stefanou; Defendant: Westminster City Council; Interested Party: Cunningham Management Limited
Jurisdiction
England and Wales
Judgment Date
25 April 2017
Procedural Posture
Judicial Review / Final Judgment
Outcome
Permission and listed building consent quashed
Legal Topics
Listed Building Consent, Basement Development Policy, Development Plan, Material Operation, Planning Permission, Statutory Interpretation
Planning Law Administrative Law Listed Building Consent Basement Development Policy Development Plan Material Operation Planning Permission Statutory Interpretation

Case Brief

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Parties

Stelio Stefanou

Claimant

Westminster City Council

Defendant

Cunningham Management Limited

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the 2011 planning permission was lawfully implemented under s 56 TCPA 1990
  2. 2 Whether Westminster City Council failed to have regard to newly adopted basement development policy (CM28.1)
  3. 3 Whether the Council properly considered the application in accordance with s 70(2) TCPA 1990 and s 38(6) PCPA 2004

Ratio Decidendi

Westminster City Council failed to have regard to the newly adopted basement development policy CM28.1 when considering the 2016 application; the planning permission and listed building consent must be quashed as the statutory requirements under s 70(2) TCPA 1990 and s 38(6) PCPA 2004 were not properly applied.

Court Disposition

Permission and listed building consent quashed

Orders

  • Planning permission quashed
  • Listed building consent quashed