Pemberton International Ltd v London Borough of Lambeth & Anor
2014
ADMINISTRATIVE COURT
UK
CORAM
- MR JUSTICE LEWIS
Areas of Law
- Administrative Law
- Property and Real Estate Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
This legal proceeding concerns a judicial review of a local planning authority's decision to grant planning permission for a change of use and the authorization for external seating. The case addressed whether the decision breached the delegation scheme or did not consider objections adequately. The court found the decision-making process flawed as relevant complaints were not considered adequately, leading to the decision being quashed. The case involved key areas of administrative law and property and real estate law.
Judgment
Mr Justice Lewis :
INTRODUCTION
This is a claim for judicial review of a decision of the Defendant, the local planning authority. By that decision, dated 5 February 2013, the Defendant granted planning permission for the making of a material change of use of premises referred to as Unit 2, which was part of a development at 53,55,57 and 63 Old Town London, to use as a restaurant and café and varied a condition attached to a previous planning permission which also permitted that change of use.
The condition, Condition 3, originally provided that there was to be no outdoor seating for Unit 2 without the prior written permission of the authority. The new planning permission permitting the change of use was subject to a condition which permitted outdoor seating, within a specified area, limited to 30 covers and operating only between the hours of 9 a.m. and 8 p.m. This challenge concerns the variation of that condition.
Collins J. granted permission to apply for judicial review on two grounds firstly, that the decision was taken in breach of the Defendant’s scheme of delegation and so was ultra vires , and secondly, that there had been a failure to have regard to a material consideration namely what was described as a previous in principle objection to outdoor seating. Permission to amend was granted to allow an additional point to be raised under ground 2, namely failure to have regard to complaints about breaches of conditions made during the period of an earlier, temporary planning permission for the change of use.
THE LEGAL FRAMEWORK.
Planning permission is required for development. Development means the carrying out of building or other works, or the making of a material change in the use of land: see sections 55 and 57 of the Town and Country Planning Act 1990 (“ the 1990 Act ”).
Section 70(1) of the 1990 Act provides that:
“(1) Where an application is made to a local planning authority for planning permission –
subject to sections 91 and 92, they may grant planning permission, either unconditionally or subject to such conditions as they think fit;
they may refuse planning permission.”
Section 73 of the 1990 Act provides a mechanism for applying for permission to develop the land without having to comply with conditions previously attached to a planning permission. Sub- sections 73(1) and (2) provide that:
“ (1) This section applies, subject to subsection (4), to applications for planning permission for the development of land witho