Jurisdiction(s):
United Kingdom

Supreme Court confirms English councils may restrict planning committee votes on deferred applications to councillors present at earlier meetings, under Local Government Act 1972 standing orders

Published on: 27 March 2025

Published by a LexisNexis Local Government expert

Legal News

Article summary

Background

Old Truman Brewery Ltd, the second respondent, sought planning permission to redevelop a former brewery in Spitalfields. The proposal was placed before the London Borough of Tower Hamlets Council’s Development Committee (the “Committee”) at its meeting on 27 April 2021, attended by five members. On that date, the Committee voted unanimously to defer deciding the application. The matter returned to the Committee on 14 September 2021. By then, the Committee’s composition had changed from that of the 27 April 2021 meeting. The Council’s standing orders stated that, where a planning application is deferred and reconsidered at a later meeting, only Members who were present previously may vote on it. Consistent with that rule, it was announced at the start of the 14 September 2021 meeting that only councillors who had attended on 27 April 2021 were entitled to vote on the application. The Committee resolved to grant planning permission by a majority of two to one...

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