R. (on the application of Silus Investments SA) v Hounslow LBC

摘要

The claimant developer sought judicial review of the defendant local authority's designation of Chiswick High Road as a conservation area pursuant to the Planning (Listed Buildings and Conservation Areas) Act 1990 s.69. The local authority had considered designating Chiswick High Road as a conservation area in 2001 and 2006. However, it had not done so until August 2014, following the developer's application for approval for the demolition of a pub. The pub, which was situated on Chiswick High Road, was a locally listed building and heritage asset. The local authority responded to the developer's application by proposing to designate the area as a conservation area. It began a consultation on August 19, giving the deadline for responses as August 27. It emailed brief details of the designation proposal to local groups, posting the same on its website. It did not consult landowners and occupiers individually, and it did not notify the developer, fearing that it would demolish the pub before the area was designated. Although the local authority continued to receive consultation responses up until August 27, it took the decision to designate early, on August 21. On August 27, it rejected the developer's application for demolition approval, relying on the newly-granted conservation area status. The developer submitted that the local authority had designated the area for the improper purpose of preventing it demolishing the pub; breached its legitimate expectation of consultation; and acted in a procedurally unfair manner. The local authority claimed that the area had been designated because of its historic and architectural interest, and that the decision had been processed urgently because of the harm threatened by the demolition.