High Court orders fresh hearing after council wins street renaming appeal

The High Court has remitted a dispute over the renaming and renumbering of properties on a housing estate back to the Magistrates’ Court for reconsideration.

The case of Basildon Borough Council v James [2015] EWHC 3365 (Admin) (26 November 2015) related to Basildon's Five Links estate, which has been undergoing substantial redevelopment.

As part of the redevelopment, the local authority decided to rename a number of streets on the estate, using its powers under s. 18 of the Public Health Act 1925.

More than 400 residents, comprising about 50% of the population of the estate, sent letters of objection.

At Basildon Magistrates’ Court in April 2015 District Judge Branston upheld an appeal brought by three residents under s. 8 of the 1925 Act. Basildon Borough Council appealed by way of case stated.

Mister Justice Garnham concluded in the High Court that the district judge had applied the wrong test.

He noted that the council had explained its justification for the renaming. “The question for the district judge was whether, according the council, as Parliament’s delegate, appropriate respect for its reasoning and conclusions that decision could properly be said to be wrong,” Mister Justice Garnham said.

The High Court judge said a similar approach to that set out in the cases of Stepney Borough Council v Joffe [1949] 1 KB 599 and R (Hope & Glory Public House Ltd) v City of Westminster Magistrates Court [2011] PTSR 868 was appropriate here.

“Section 8 provides an unrestricted right of appeal; but a District Judge is obliged to pay great attention to the opinion of the Council as the duly constituted and elected local authority and should not lightly reverse their conclusion; his function is to exercise the s8 powers only if he was satisfied that the judgment of the Council could be shown to be wrong, not merely because he was not satisfied that the judgment was right; if, but only if, he was first satisfied the Council was wrong was it for the District Judge to substitute his opinion for that of the Council,” he added.

Mister Justice Garnham remitted the case for reconsideration, setting out guidance to assist the Magistrate’s Court. The High Court judge also ordered the respondents to pay the council’s costs.

Cllr Terri Sargent, Basildon Council cabinet member for environment and community, said: “This is an historic decision which clarifies an important point of law for the Council and other local authorities and the council believes that this decision will benefit the residents of the borough and future essential regeneration projects.”