Entertainu Ltd has succeeded in its challenge to a refusal of consent for the use of part of 26 Wardour Street, London W1, as a hostess bar. The matter has now been referred back for a new hearing in the light of today’s High Court ruling.
The court was told that the company had genuinely believed that the premises had planning consent for use as a hostess bar.
Allowing the challenge and quashing the refusal of planning permission, Collins J said that the inspector had “dismissed the claimant’s appeal against Westminster City Council’s decision on grounds that the claimant was not properly able to cover in its submissions”.
He ruled that the matter should be remitted to the Secretary of State for reconsideration in the light of his judgment.
The Secretary of State was ordered to pay Entertainu’s costs, assessed at £9,078.75.
Entertainu Ltd v Secretary of State for Transport, Local Government and the Regions and another Queen’s Bench Division: Administrative Court (Collins J) 6 May 2003.
References: PLS News 6/5/03
