Carroll v Secretary of State for Communities and Local Government [2018] JPL 194 (CA)

Successfully acted for the Secretary of State, the second appellant, defending a challenge to the grant of planning permission for the change of use from B8 to C3 to the owner/developer of the famous red and white striped house in Kensington.   The Court dismissed the neighbour’s challenge and affirmed the principles of R (Mount Cook Land Limited) v Westminster City Council [2003] EWCA Civ 1346 in relation to the materiality of alternative potential uses of a site.  Paul Brown QC represented the first appellant. For a digest of the case, click here. For an article in The Times newspaper, click here.