Landmark Chambers


Judgment in Stefanou v Westminster City Council

DATE: 02 May 2017

In Stefanou v Westminster City Council (judgment here) planning permission had previously been granted for the restoration of a listed building in Mayfair, including a 3 level basement. On a section 73 application to modify relatively minor details of the scheme, the Council paid no regard to the advent of new development plan policy with which the basement development conflicted. The Council took the view that the basement development was already permitted, so that their approach was justified.

Gilbart J held that the approach was in breach of the statutory requirements to consider the development plan, and quashed the planning permission and a related listed building consent.

Christopher Lockhart-Mummery QC appeared for the Claimant.