R v Westminster City Council , ex parte Monahan
R v Westminster City Council , ex parte Monahan
- 1988
- New Law Journal (1988) NLJ 311-312(2) .
CA 19 October 1988 Appeal against a QBD decision dismissing an application for judicial review by the Covent Garden Community Association of Westminster City Council`s granting of planning permission for the re development of the Royal Opera House . The redevelopment included substantial office accommodation which the ROH maintained was necessary to fund the improvements. The Association contended that the inclusion of office accommodation for financial reasons was impermissable even though the ROH is ready to enter into a binding agreement to use the proceeds from the office development for the benefit of the Opera House. To permit the commercial development of part of the site for purely financial reasons, whatever their nature or purpose, is not a " material consideration " which the council was entitled to take into account under Town and Country Planning Act 1971 s29(1) in granting permission for the development as a whole. CA, held, dismissing the appeal, that financial conside
PLANNING APPEAL
CA 19 October 1988 Appeal against a QBD decision dismissing an application for judicial review by the Covent Garden Community Association of Westminster City Council`s granting of planning permission for the re development of the Royal Opera House . The redevelopment included substantial office accommodation which the ROH maintained was necessary to fund the improvements. The Association contended that the inclusion of office accommodation for financial reasons was impermissable even though the ROH is ready to enter into a binding agreement to use the proceeds from the office development for the benefit of the Opera House. To permit the commercial development of part of the site for purely financial reasons, whatever their nature or purpose, is not a " material consideration " which the council was entitled to take into account under Town and Country Planning Act 1971 s29(1) in granting permission for the development as a whole. CA, held, dismissing the appeal, that financial conside
PLANNING APPEAL