Obligations for Disclosure of Viability Informative and Role of Representations at Committee Clarified by High Court

16 June, 2020

R(Holborn Studios) v LB Hackney [2020] EWHC 1509 (Admin), Dove J

Andrew Fraser-Urquhart KC represented LB Hackney in this challenge to the grant of planning permission for the redevelopment of Holborn Studios. Dove J considered the disclosure requirements for viability information provided in the course of a planning application in the light of updated guidance in the NPPG and held that it superseded the ruling in R(Perry) which had offered broad discretion to local authorities to withhold information provided by developers. Dove J also rejected a challenge to the decision based upon the Council’s Planning Code for Councillors, holding that the opportunity to make representations at Committee ensured there was no prejudice to objectors.