- Court considers council’s obligations to disclose viability information in planning applications (R (on the application of Holborn Studios Ltd) v Hackney London Borough Council)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Planning analysis: The court quashed a decision to grant planning permission for the redevelopment of buildings in which the claimant’s photographic studio business was located. The challenge was based upon the fact that a considerable amount of information concerning viability issues provided by the developer was not published by the council. The information which was published was internally inconsistent and did not enable objectors to assess the compliance of the scheme with the council’s affordable housing policy. The case contains what is likely to become the leading analysis of a council’s disclosure obligations in light of new guidance in Planning Policy Guidance (PPG). The court also considered the effect of the council’s planning code for councilors and whether it had the effect of stifling the legitimate ability of residents to lobby their councilors. Written by Andrew Fraser-Urquhart QC, barrister, at Francis Taylor Building.
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