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

Andrew Fraser-Urquhart QC

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

Andrew Fraser-Urquhart QC 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provided in the course of a planning application in the light of updated guidance in the NPPG and held that it superseded the ruling in R(Perry) which had offered broad discretion to local authorities to withhold information provided by developers.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.

Andrew Fraser-Urquhart QC and Melissa Murphy will be hosting a forthcoming webinar on disclosure requirements in viability cases, encompassing both the NPPG requirements and the approach of the Information Commissioner. This will be held on 8 July from 10.00 - 11.00am. To attend this webinar, please register here.