A Middlesex man has succeeded in his Court of Appeal bid to block plans by his neighbours to build an extension to their house.
Dennis Carlton-Conway, of 1 Southacre Way, Pinner, successfully challenged last November’s High Court decision, which ruled that Harrow London Borough Council were entitled to grant planning permission to Mr and Mrs Al-Bustani, of 2 Southacre Way.
Mr Carlton-Conway claimed that the proposal conflicted with a local planning policy that required some planning applications to be dealt with by a full planning committee, rather than by the chief planning officer acting alone, under delegated powers.
Allowing the appeal and quashing the planning permission, Pill LJ said that he was satisfied that the planning officer had acted beyond his powers in granting permission.
He said that the complexities of the matter were such that the only rational action by the planning officer would be to refer the case to the planning committee.
He added that Mr Carlton-Conway was entitled to have the proposals reconsidered by a full committee and to exercise his right to address the members committee.
Pill LJ also said that it was unfortunate that the planning officer had not set out in writing the factors that led him to his decision.
R (on the application of Carlton-Conway) v Harrow London Borough Council Court of Appeal (Pill and Robert Walker LJJ and Sir Martin Nourse) 14 June 2002.
Martin Edwards (instructed by Merricks, of Chelmsford) appeared for the appellant; Timothy Straker QC and Jonathan Moffett (instructed by Harrow London Borough Council) appeared for the respondents.
PLS News 17/06/02
