The High Court has allowed an appeal against an inspector’s decision to grant planning permission for the redevelopment of a Stanmore property.
Landowners Mr and Mrs Dubener planned to demolish a garage at their home at 130 Stanmore Hill, and replace it with a garage and a two-storey extension. Harrow London Borough Council initially refused planning consent, but the inspector overruled the decision.
David Rubin, the owner of the Lodge, a neighbouring Grade II listed building, maintained that the council had not informed him of the Dubener’s appeal and that, as a result, he had been given no opportunity to attend an informal hearing held by the inspector in October 2003.
In the High Court, Alexander Booth, counsel for Rubin, claimed that, because the inspector had had no opportunity to consider submissions that Rubin would have wanted to make in respect of the development, his decision had been made in “breach of natural justice”.
He argued that Rubin had been unable to put forward his objections relating to the development’s detrimental effect upon both the neighbourhood’s character and appearance and the light and view at the Lodge.
Pitchford J agreed, stating that he was satisfied that had Rubin had the opportunity of putting his objections to the inspector, he would have had a reasonable prospect of success. He noted that the council had apparently sent notice of the informal meeting to the wrong address.
The judge rejected a claim by the First Secretary of State that the inspector would have come to the same conclusion even if Mr Rubin had had the opportunity of attending the hearing.
The question of planning permission will be reheard.
R (on the application of Rubin) v First Secretary of State and others Queen’s Bench Division: Administrative Court (Pitchford J) 9 February 2004.
Alexander Booth (instructed by Sylvester Amiel Lewin & Horne) appeared for the claimant; Rupert Warren (instructed by the Treasury Solicitor) appeared for the first defendant; the interested parties did not appear and were not represented.
References: EGi Legal News 10/2/04
