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The Court of Appeal (Lewison, Moylan and Males LLJ) has dismissed an appeal from the order Mr CMG Ockleton, sitting as a judge of the High Court, which granted the claimant’s application for judicial review of the Council’s decision to grant planning permission for operational restaurant development: see London Borough of Richmond Upon Thames v R (Ariyo) [2024] EWCA Civ 960.
The appeal considers the interpretation of planning permissions in circumstances where there is an apparent inconsistency between the description of development and the approved plans. It also concerns the extent to which authorities should consider the impacts of operational development in determining applications for planning permission which do not involve a change of use.
Andrew Parkinson and Barney McCay represented the successful respondent in the Court of Appeal and Barney McCay represented the successful claimant in the High Court. They were instructed by Richard Buxton Solicitors.
