Rebecca Phillips, Professional Lead for Planning Appeals at the Planning Inspectorate (S2 E3)

Court Judgments of the Week:

(1) Thurloe Lodge Ltd, R (On the Application Of) v Royal Borough Of Kensington And Chelsea & Anor 2020 EWHC 2381 a decision of David Elvin QC dismissing six grounds of challenge to a planning authority’s decision to grant permission & listed building consent for two below ground car parking spaces on a private road in a conservation area adjoining listed buildings.

(2) East Hertfordshire DC V Mahoney [2020] 9 WLUK 153 a case about the grant of an interim injunction preventing travellers from undertaking work on land before the grant of planning permission.    

Appeals of the Week: 

(1) Successful appeal by L&Q  for a mixed use 441 unit C3 scheme with 50% AH involving tall buildings & impacts on Kew Gardens a World Heritage Site, Registered Park & Garden & Conservation Areas.(2) The dismissal of Capital Community Development’s appeal on design grounds. (3) The dismissal of an appeal for 83 units based upon the prejudice it would cause to a Neighbourhood Plan, impact on setting of LB & lack of evidence of biodiversity net gain.

“Nudge of the week” and “Champion of the Week”