The High Court has overturned planning permission for an extension to create a flat on top of a block of flats in central London after concluding that the client, Alan Bishop, a leaseholder of the top floor flat, had not been notified of the development proposals, which included encroachment into his flat. Mr Bishop was an owner of part of the land to which the application related so was entitled to receive notice of the freeholder’s planning application to build the flat, in accordance with Article 13 of the Development Management Procedure (England) Order 2015.
The first interested party was cited on the application form as the applicant and he indicated that his address was the same as Mr Bishop’s. Mr Bishop’s address was also mentioned as the application site. A 'Certificate A' was submitted by the applicant indicating that no lease longer than seven years would be affected by the application, notwithstanding the client’s 999 year lease. Planning permission was granted by the council and we acted for Mr Bishop in lodging a judicial review of the council’s decision. The court held that the information on the application form was plainly erroneous and that Certificate A was incorrect because Mr Bishop, although only owning a small part of the land, ought to have been given the requisite notice. Ultimately, the court could not see that it had proper grounds to refuse relief and all the evidence pointed towards quashing the permission.
Planning Resource considered Linda’s legal viewpoint of the case.
Our team was led by planning associate, Linda Boateng, who instructed Jack Parker of Cornerstone Barristers. Property litigation matters were handled by partner Jason Hunter and company and commercial issues were led by associate Maeve O’Hare.