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Nightclub owner wins permission for judicial review of housing scheme consent

The owner of a nightclub in Brixton has been given permission to bring a judicial review challenge to Lambeth Council's grant of planning permission for a housing development.

The claimant, Louise Barron, believes that the development would result in the club's closure.

Mr Justice Collins granted permission on all grounds of challenge advanced on her behalf. These included that:

  • Lambeth should not have granted consent for the development by officer's delegated decision instead of in public, at a committee meeting;
  • There had been a failure to consider relevant planning policy; and
  • The council officers had misdirected themselves that there were no valid reasons to protect the existing use.

Mr Justice Collins is reported to have stated in the order that he was "not persuaded by the attempts in the defendant's acknowledgment of service to justify....the officers' report".

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He is also understood to have expressly identified the failure of the council officers to consider Lambeth's emerging local plan and the delegation of the decision to officers as being arguable grounds.

The case is expected to be heard in the Planning Court in the New Year.

Jonathan Clay and Matt Lewin of Cornerstone Barristers acted for Ms Barron.

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