The latest development in the Office to Residential debate has surfaced this week. The London Boroughs of Camden, Lambeth, Islington and Richmond have today lost their High Court Challenge against the Department for Communities and Local Government (DCLG). Mr Justice Collins dismissed the judicial review claim this morning, which sought to challenge the way that DCLG selected the areas to be exempt from the new permitted development rights that were introduced in May 2013.
Mr Justice Collins deemed that the government’s action were in fact not unlawful, however he did express concern about some aspects or fairness with regards to the scoring methods used by the DCLG, and the time period allowed for applications.
So what happens next? Local Authorities will have to go back to the drawing board, and consider appealing this morning decision (which seems like a costly solution, with no guarantee of success), or implement Article 4 Directions, that would exempt either a specific area, or a certain type of permitted development.
It seems that the race is on now for Developers, to let change happen, and let it be implemented before the Article 4 directions start rolling in!
For more information, or to discuss the implications of this decision please contact either Lyndon Gill or Danielle St Pierre, or your usual contact at Iceni.