Cases - Great Portland Estates plc v Westminster City Council

Record details

Name

Great Portland Estates plc v Westminster City Council

Date

[1984]

Citation

3 AII ER 744

Keywords

Planning control

Summary

Planning policies were formulated to preserve industrial activities which added to the vitality and functioning of Westminster but which were threatened by the pressure for more profitable office development. Great Portland Estates alleged that these policies were unlawful in that they were concerned with the protection of individual users rather than the development and use of land. The House of Lords held that these policies served a planning purpose. Inevitably this would mean that certain existing occupiers would be protected, but this was not the planning purpose. In reaching this decision Lord Scarman, who delivered the judgment of the House, said:

'Personal circumstances of an occupier, personal hardship, the difficulties of businesses which are of value to the character of a community are not to be ignored in the administration of planning control. It would be inhuman pedantry to exclude from the control of our development the human factor ... It can, however, and sometimes should, be given direct effect as an exceptional or special circumstance.'

'The test, therefore, of what is a material "consideration" in the preparation of plans or in the control of development ... is whether it serves a planning purpose ... And a planning purpose is one which relates to the character of the use of land.' (Lord Scarman)