Carter Jonas appointed to act on the enforcement battle with LB Tower Hamlets
Date of Article
Oct 21 2019
Sector
Planning & Development

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David Churchill
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David is a Partner in the Planning & development team and is based in our Chapel Place office.

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Carter Jonas, acting on behalf of Deloitte LLP for a site in London Borough of Tower Hamlets on the instructions of Jones Day, have seen the successful defence of the Council’s challenge to the High Court. The challenge attempted to overturn an inspector’s decision to allow the unlawful demolition of three houses in a conservation area. 

A successful conclusion has been reached for the client following the lengthy enforcement battle in which Deloitte, in their role as administrators, were required to appeal the enforcement notices despite not being responsible for the unlawful demolition of the properties. Carter Jonas provided expert planning witness services to the appeal procedure in November 2018, which was supported by an indicative redevelopment for the site. The key elements of the case related to heritage matters and public benefits; the buildings were of low heritage value and their demolition amounted to less than substantial harm at the very lowest end of the spectrum. 

The case was the culmination in an enforcement battle with LB Tower Hamlets, which took action against the unlawful demolition of three dwellings in a conservation area. The appeal against the enforcement action was successful and, following a challenge brought by the Council, the Inspector’s enforcement appeal decision was upheld by the High Court. The key elements of the judgement related to heritage matters and public benefits, with the conclusion being that planning benefits do not have to be certain to be material. 

For further information, please contact a member of our team:

David Churchill
Partner, Planning & Development
020 7518 3348
David.Churchill@carterjonas.co.uk