Hounslow Borough Council have failed to overturn a Department of the Environment, Transport and the Regions decision allowing conversion from housing to offices of three floors of a building at Neals Corner.
In a High Court action the council argued that such development would be against their policy to resist loss of residential land or accommodation. They claimed that the DETR had totally misinterpreted policies aimed at preservation of residential accommodation.
However, deputy judge Christopher Lockhart-Mummery QC dismissed the council’s challenge, ruling that the case had to be decided on its merits and that use of the property for housing would not be viable.
Hounslow London Borough Council v DETR and another, Queen’s Bench Division: Crown Office List (Mr Christopher Lockhart-Mummery QC, sitting as a deputy judge of the division), November 12 1998
Timothy Mould (instructed by the solicitor to Hounslow London Borough Council) appeared for applicant council; Alun Alesbury (instructed by the Treasury Solicitor) represented the DETR; the second respondents, Warnford Properties Ltd, did not appear and were not represented.
See [8] PLSCS 298
PLS News 17/11/98