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R (on the application of Springhall) v Richmond upon Thames London Borough Council

Language: English Publication details: 2006Subject(s): Online resources: Summary: [2006] EWCA Civ, 24 January 2006. Considers whether or not the decision in "R v Harrow LBC ex p Carlton-Conway" ([2002] EWCA Civ 927, (2002) 3 PLR 77) laid down any general principles as to the legality of a planning officer exercising delegated powers of decision-making, where there is any real issue about the meaning or application of a planning policy. Appeal by S against a decision dismissing his claim for judicial review of a decision made by an officer of R, granting planning permission for S's neighbour to demolish a building on his land and to replace it with a new building. S had objected on the grounds that the existing building was of townscape merit and that R's supplementary planning guidance contained a presumption against demolition. The application was not reserved to the planning committee. The judge agreed with the officer's determination that the proposed development complied with the supplementary planning guidance and concluded that the decision in "Carlton-Conway" did not constitute a general principle. "Held": appeal dismissed. The decision in "Carlton-Conway" should not be read as laying down any general principle. There were no grounds for the courts to intrude into the interpretation of planning policy short of illegality or Wednesbury irrationality.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 132377-2001

[2006] EWCA Civ, 24 January 2006. Considers whether or not the decision in "R v Harrow LBC ex p Carlton-Conway" ([2002] EWCA Civ 927, (2002) 3 PLR 77) laid down any general principles as to the legality of a planning officer exercising delegated powers of decision-making, where there is any real issue about the meaning or application of a planning policy. Appeal by S against a decision dismissing his claim for judicial review of a decision made by an officer of R, granting planning permission for S's neighbour to demolish a building on his land and to replace it with a new building. S had objected on the grounds that the existing building was of townscape merit and that R's supplementary planning guidance contained a presumption against demolition. The application was not reserved to the planning committee. The judge agreed with the officer's determination that the proposed development complied with the supplementary planning guidance and concluded that the decision in "Carlton-Conway" did not constitute a general principle. "Held": appeal dismissed. The decision in "Carlton-Conway" should not be read as laying down any general principle. There were no grounds for the courts to intrude into the interpretation of planning policy short of illegality or Wednesbury irrationality.