Queen's
Bench Division (Administrative Court)
Collins J
14 November 2006
Town and country planning - Permission for development - Condition -
Condition requiring scheme for noise insulation - Whether condition enabling
scheme to comply with government guidance and local development policy.
The interested party, a development company, made an application for planning
permission for a mixed development, comprising an office block and residential
accommodation. The defendant local authority granted permission subject to a
condition. That condition required the interested party to devise a suitable
scheme for noise insulation to be approved by the authority before any
development could be commenced. The authority envisaged that the condition would
enable the interested party to take steps to ensure that the noise levels
generated from the area of the proposed development and consequently experienced
by prospective residents would fall within the acceptable limits as were
recommended by government guidance and local development policy. The claimant,
an owner of a restaurant and nightclub premises adjacent to the proposed
development, expressed a concern as to whether if the development went ahead,
and the intended insulation proved to be inadequate, a flood of complaints and
actions in nuisance from residents would result. In the prospect of such an
event, the claimant applied to the High Court for judicial review of the
authority's decision.
An issue arose as to whether the condition imposed by the authority would enable
the provision of a suitable scheme of noise insulation in compliance with levels
recommended in government guidance and local development policy.
The application would be allowed. In the circumstances, it was clear that the
decision taken by the authority was unlawful, as the condition that it had
imposed was wholly defective and incapable of achieving the result that was
required by the relevant government guidance and local development policy.
Accordingly, the decision to grant planning permission would be quashed.
Robert McCracken QC
and Meyric Lewis (instructed by
RadcliffesLeBrasseur) for the claimant.
Hereward Phillpot (instructed by Colin Wilson) for the authority.
Anthony Porten QC (instructed by Slaughter & May) for the interested party. Close Window