Loss of light challenge, Bow, London

Mrs Rainbird’s concern was about the impact that proposed new buildings would have on the sunlight and daylight enjoyed by her house and those of other neighbours, given the scale of the two proposed new buildings, which were to contain 62 flats. Deputy High Court Judge John Howell QC granted an order quashing planning permission for the proposed development.

The case concerned the grant of planning permission by the Council of the London Borough of Tower Hamlets (to itself) including the demolition of the existing building, (then two storey) and the construction of two new buildings, one eight storeys high and the other six storeys high. Mrs Rainbird challenged the Council’s decision to grant planning permission on the grounds that (1) the Council failed to make the sunlight and daylight report available on their website, thus depriving her and others of the opportunity of making representations about the report; (2) that the Council’s Development Committee acted unlawfully and unfairly in giving no weight to materials that residents had provided to members of the Committee before their meeting; and (3) that members of the Development Committee were misled materially about the likely impact of the proposed development on the sunlight and daylight enjoyed by neighbouring houses.

The case succeeded on ground 3 as the Committee was misled on the issue of sunlight and daylight enjoyed by the neighbouring dwellings. Material errors were included in the Planning Officer’s report and the Officer failed accurately to advise the Committee that 23 rooms in 12 properties failed to meet relevant guidelines. It was unknown what conclusion the members would have reached in determining the application, if such matters were considered and reported on properly. On this basis, the decision to grant planning permission was unlawful and was quashed.

Richard Buxton as Solicitor-Advocate represented the claimant.