Nasir Kazalbash v Secretary of State for Levelling Up, Housing and Communities & Anor

27 July 2023

[2023] EWCA Civ 904

Court of Appeal

Someone wanted to split their house into two. The council said no, because it would change the look and feel of the street too much. A judge agreed with the house owner, but a higher court said the council was right. The higher court said the original decision maker looked at all the right things when they made their decision, not just how it looked from the street.

Key Facts

•Planning permission was refused for the subdivision of a semi-detached dwelling in Hillingdon to create two dwellings.
•The refusal was based on the development's potential harm to the character and appearance of the area, citing several local plan policies.
•The inspector's decision to uphold the refusal was challenged, with the High Court judge deeming the inspector's conclusion irrational.
•The appeal to the Court of Appeal focused on whether the judge was correct in overturning the inspector's decision.

Legal Principles

Judicial review of an inspector's planning decision is limited; the court should not substitute its own judgment for that of the inspector.

St Modwen Developments Ltd. v Secretary of State for Communities and Local Government and another [2018] PTSR 746

Section 70 of the Town and Country Planning Act 1990 and section 38(6) of the Planning and Compulsory Purchase Act 2004 outline the statutory obligations of a decision-maker in planning appeals.

Town and Country Planning Act 1990; Planning and Compulsory Purchase Act 2004

Local plan policies regarding design, character and appearance of an area should be considered in their entirety and not limited to a purely visual assessment.

Hillingdon Local Plan; London Plan

Outcomes

The Court of Appeal allowed the appeal, overturning the High Court's decision.

The inspector's decision was not an error of law and was a lawful exercise of planning judgment. The inspector considered the relevant factors (plot sizes, building lines, street patterns) and did not rely on immaterial considerations. The term 'street scene' was not limited to purely visual aspects but encompassed broader considerations of character and appearance.

Nasir Kazalbash v Secretary of State for Levelling Up, Housing and Communities & Anor

Key Facts

Legal Principles

Outcomes

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