Girls beat boys in planning clash over new school buildings

A Bromley girls’ school that clashed with a neighbouring boys’ school over a large-scale redevelopment has won its case in the Court of Appeal. Sullivan LJ allowed the appeal of the girls’ school against the High Court dismissal of its judicial review challenge to planning permission for the redevelopment of the boys’ school. The dispute involved Langley Park School for Boys and the neighbouring Langley Park School for Girls, both of which are rated “outstanding” by government inspectors. Last summer, the boys’ school was granted a multi-million pound grant for new buildings following claims that the school – designed for 650 pupils but now educating 1,600 – could no longer cope. The grant came from the government’s School Pathfinder Programme, which aims to rebuild one school in each local authority. However, the girls’ school, whose buildings are also dilapidated, complained that the plans were unsuitable and appealed, claiming that the boys’ large building was too close to the girls’ school. Wyn Williams J rejected its judicial review challenge to the grant of planning permission earlier this year. Allowing the appeal against that determination, Sullivan LJ ruled that the decision to grant planning permission was “seriously flawed” and despite the “significant prejudice” caused to the boys’ school, the decision must be quashed. R (on the application of Langley Park School for Girls) v Bromley London Borough Council Court of Appeal (Sir Andrew Morritt CVO, Moore-Bick and Sullivan LJ) 31 July 2009. Richard Langham (instructed by Kingsley Smith Solicitors LLP, of Chatham) appeared for the appellant; John Steel QC and Andrew Sharland (instructed by the legal department of Bromley London Borough Council) appeared for the respondent; Thomas Hill QC (instructed by Trowers & Hamlins LLP) appeared for the interested party.