R (The Old Chiswick Protection Society) v London Borough of Hounslow

R (The Old Chiswick Protection Society) v London Borough of Hounslow
Neutral citation: [2026] EWHC 2278 (Admin)
Court: High Court (King's Bench Division, Planning Court)
Date: 2026-09-14
Judge: HHJ Emma Kelly
Outcome: Claim allowed on both grounds. Planning permission quashed.
Grounds: Councillors materially misled by the officer report; Departing from an earlier comparable decision without engaging with it; Fallback position
Principle (PlanningCore summary, not quoted text): The officer report described the site's fallback scheme (an earlier permission granted on appeal) as poor design with poor living conditions, without telling councillors that the Inspector had considered and rejected those same criticisms. The report therefore disagreed with the Inspector without saying so, councillors were materially misled, and the error was not corrected at committee. A decision-maker who departs from a relevant earlier decision on a critical point must recognise the departure and give reasons for it. The court applied Mansell (judgment para 36) and refused to withhold relief under s.31(2A) Senior Courts Act 1981, because the error went to the heart of the planning balance (para 102). Comments made at the meeting did not cure it (para 96).
Curated: verified against the judgment on 2026-10-06
Source: https://caselaw.nationalarchives.gov.uk/ewhc/admin/2026/2278
[Full text available on demand at: https://caselaw.nationalarchives.gov.uk]