000 01754cam a2200241 4500
001 ABS67134
008 031029n2003 000 0 eng u
035 _a(Sirsi) u124180
245 _aR v Westminster City Council and others ex p Mount Cook Land Ltd and another
_h[electronic resource]
260 _c2003
490 _aEstates Gazette
_v25 October 2003, 137(1)
490 _aJournal of Planning and Environment Law
_v[2004] JPL 470-497(27)
520 _a[2003] EWCA Civ 1346, 14 October 2003. The appellant (R) was the freeholder of a building in Oxford Street, Lonodn let to a tenant under a 999-year lease. The appellant requested judical review for planning permission given by Westminster City Council to the tenant to make external alterations to the building which included adjustments to the shopfront and additional canopies on the grounds as these would conflict with the appellant's own development plans which had gained the support of local landowners. The appeal was dismissed as the changes proposed by the tenant were not seen to damage the conservation area of which it was a part. In only exceptional circumstances where planning permission had already been granted to make improvements would alternative proposals by another party be considered. Therefore R's proposals were considered to be material considerations and were consequently dismissed.
590 _aABS
650 _aLANDLORD AND TENANT
_96252
650 _aPLANNING PERMISSION
650 _aSHOPS
650 _aALTERATIONS
650 _aR V WESTMINSTER CITY COUNCIL AND OTHERS EX P MOUNT COOK LAND LTD
690 _aRefurbishment
_96264
856 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2003/1346.html
_zView judgment at www.bailii.org
942 _n0
999 _c73713
_d73713