Court of Appeal: Westminster City Council v Sos for Communities & Local Government & Anor

May 19, 2015

Westminster City Council v Secretary of State for Communities And Local Government & Anor [2015] EWCA Civ 482 (19 May 2015)

This appeal related to a planning enforcement notice issued by Westminster City Council in respect of premises at 100-102 Westbourne Terrace, London W2. The breach of planning control alleged in the notice was: "Within the last 10 years and without the benefit of planning permission, the material change of use of the Property, from a hotel (class C1) to a mixed use hotel and hostel (sui generis)."

The council had appealed to the High Court under section 289 of the Town & Country Planning Act 1990 against an inspector's decision to allow the lessee's appeal against the notice. The council's appeal was dismissed by Supperstone J, against whose order the council now brought a further appeal to this court, with permission granted by Laws LJ.

For the appellant (Westminster): Saira Kabir Sheikh QC and Isabella Tafur of Francis Taylor Building, instructed by Westminster City Council Legal Department.

For the first respondent: Cain Ormondroyd of Francis Taylor Building, instructed by The Government Legal Service.

For the second respondent: Alex Goodman of Landmark Chambers, instructed by Oriol Badia (chief executive of the lessee of the premises).

For the interested party: Richard Turney of Landmark Chambers, instructed by Public Access Scheme. He submitted written representations but did not appear at the hearing of the appeal.

Click here for the judgment on Bailii