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Judicial Review Claim Against Permission for a New Homeless Night Shelter Dismissed

Sarah Sackman

The High Court has dismissed a claim for Judicial Review against the London Borough of Islington which had granted planning permission for a night shelter operated by the charity Shelter From the Storm to alleviate homelessness. The main ground related to the enforceability of a planning condition which required a review of the shelter’s operations to be submitted after a year of commencing operations and if necessary for the operation management plan to be amended and updated by written approval of the LPA. Based on the now well-established approach for interpreting planning conditions Trump v Scottish Ministers, the Court held the condition was clear, unambiguous and enforceable.

The case also exemplifies the Court’s willingness to vary Aarhus costs caps in appropriate cases under CPR 45.44.  

Sarah Sackman acted for the successful Defendant.