Caselaw Digest
Caselaw Digest

Davies, R (on the application of) Royal Borough of Kensington and Chelsea

31 October 2024
[2024] EWHC 2711 (Admin)
High Court
Neighbors challenged planning permission for a noisy basement. The court said the council's noise assessment was okay, even if it wasn't perfect, and that a council meeting's chat didn't show they ignored the noise issue. The challenge failed.

Key Facts

  • Challenge to planning permission and listed building consent for basement development.
  • Concerns about construction noise impact on neighboring residents.
  • Claimant lives next door to the proposed development.
  • Development includes a 271 square meter basement with a swimming pool.
  • Construction involves 63 weeks of potentially noisy work.
  • Two grounds for judicial review were allowed: failure to consider material considerations (noise impact) and error of law regarding policy interpretation.

Legal Principles

On a challenge to planning officer reports, the question is whether the advice was seriously misleading on a matter bearing upon the decision and uncorrected before the decision.

Mansell v Tonbridge and Malling BC [2017] EWCA Civ 1314

If a committee accepts officer recommendations, the reasons are those in the officer's report. Debate among committee members is insignificant.

Scottish Widows PLC v Cherwell DC [2013] EWHC 3968 (Admin) and R(Cook) v RBKC [2024] EWHC 42 (Admin)

Lack of reference to an issue in an officer's report doesn't mean it wasn't considered; a contrary conclusion requires overwhelming evidence.

South Bucks v Porter (No 2) [2004] 1 WLR 1953

Decision-makers can weigh material considerations as they see fit, rationally. Planning judgment is theirs; Wednesbury unreasonableness is a high bar.

Tesco Stores v SSE [1995] 1 WLR 759 and R (Newsmith Stainless Ltd) v SoS [2017] PTSR 1126

No duty to give reasons for granting planning permission exists, unless the aggrieved party shows substantial prejudice from inadequate reasoning.

South Bucks (No 2)

Decision-makers use local knowledge and common sense; planners have expertise and understand the legal context.

R (Bishop’s Stortford Civic Federation) v East Herts DC [2014] PTSR 1035

Outcomes

Claim dismissed.

The judge found that the planning officer's assessment of construction noise as acceptable, considering mitigation and controls, was a matter of planning judgment consistent with local and national policy. The concerns raised in Ground 1 amounted to a disagreement with that judgment, and Ground 2 misinterpreted the planning committee's discussion.

Similar Cases

Caselaw Digest Caselaw Digest

UK Case Law Digest provides comprehensive summaries of the latest judgments from the United Kingdom's courts. Our mission is to make case law more accessible and understandable for legal professionals and the public.

Stay Updated

Subscribe to our newsletter for the latest case law updates and legal insights.

© 2025 UK Case Law Digest. All rights reserved.

Information provided without warranty. Not intended as legal advice.