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EIA self-grant separation breach not vitiating; no demolition presumption under CS15: Barbican Quarter v City of London (Planning Court, England)

Published on: 27 March 2026

Published by a LexisNexis Planning expert
Legal News
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Article summary

Barbican Quarter Organisation Ltd) v City of London Corp [2026] EWHC 687 (Admin)

What was the background?

The claimant, Barbican Quarter Organisation Ltd, sought to overturn a planning permission issued by the City of London Corporation for the London Wall West scheme. A striking aspect was that the Corporation featured on both sides of the fence: it was the defendant as local planning authority, yet also the interested party as landowner and developer. That dual role meant the case raised a self-grant planning permission issue. The impugned decision was the permission dated 11 December 2024, following the authority’s 17 April 2024 resolution. The primary ground relied on regulation 64(2) of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017, SI 2017/571, which obliges an authority to put in place suitable administrative measures to secure functional separation where it is both promoter and decision-maker for EIA development. The claimant said the defendant breached its own published handling note, because material that ought to have been placed in inaccessible sub-folders was in fact available on the shared systems. It was argued this constituted a vitiating breach requiring the permission to be quashed. The second and third grounds were directed to paragraph 3...

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