Bishop, R (on the application of) v Westminster Council & Ors

Bishop, R (on the application of) v Westminster Council & Ors

The planning permission was quashed because the application contained a materially false and misleading certificate of ownership, failing to notify the claimant as an owner of part of the land. This breach of mandatory statutory requirements was reckless and not excused by any honest mistake. The court exercised its discretion to quash the permission to uphold the integrity of the planning process and statutory scheme.

Parties
Claimant: Alan Bishop; Defendant: Westminster Council; Interested Party: Nadeem Ullah; Interested Party: Mortimer London Limited
Jurisdiction
England and Wales
Judgment Date
15 December 2017
Procedural Posture
Judicial Review / Judgment
Outcome
Claim allowed in part; planning permission quashed on Ground 1; claim dismissed on Ground 2.
Legal Topics
Planning Permission, Judicial Review, Certificate of Ownership, Procedural Fairness, Legitimate Expectation
Administrative Law Planning Law Planning Permission Judicial Review Certificate of Ownership Procedural Fairness Legitimate Expectation

Case Brief

Summary, issues, holding and outcome

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Parties

Alan Bishop

Claimant

Westminster Council

Defendant

Nadeem Ullah

Interested Party

Mortimer London Limited

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the applicant for planning permission failed to notify the claimant as an owner of the land to which the application related
  2. 2 Whether the local authority failed to notify the claimant as an adjoining owner or occupier
  3. 3 Whether the planning application was defective due to a false or misleading certificate of ownership

Ratio Decidendi

The planning permission was quashed because the application contained a materially false and misleading certificate of ownership, failing to notify the claimant as an owner of part of the land. This breach of mandatory statutory requirements was reckless and not excused by any honest mistake. The court exercised its discretion to quash the permission to uphold the integrity of the planning process and statutory scheme.

Court Disposition

Claim allowed in part; planning permission quashed on Ground 1; claim dismissed on Ground 2.

Orders

  • The second planning permission is quashed.
  • Claim on Ground 2 is rejected.