High Court allows Islington development and dismisses Council's appeal

The Council claimed that the Inspector had ignored the planning policy in its new Core Strategy that restricted the locations that student developments could be built to certain specified zones in the borough.

The High Court appeal was against a Planning Inspector's decision to allow an appeal and grant permission for two mixed-use towers, which would contain 475 student rooms, brought forward by developer Spiritbond Finsbury Park Ltd and local fine art framers John Jones Ltd.

The Council argued that to allow the development would be against its Core Strategy, which restricted student accommodation in order to meet the priority need for conventional housing and employment development.   

The judge ruled that the inspector had taken an "entirely lawful approach". The Inspector's ruling was "legally adequate" and the protection of an important local employer was "obviously a material consideration", according to a report in EGi.

The Inspector gave too much weight to and placed too much emphasis on keeping a key local employer – fine art framers John Jones Ltd – in the area, the Council said. The Inspector was also incorrect in describing John Jones as the area's second largest private employer, when it is relatively small.

“The error is of no consequence; I am entirely satisfied that the Inspector’s decision would not have been changed in any respect," the judge said, according to the report. "I do not accept that undue weight was given to the protection of John Jones. The protection of an important local employer and business is obviously a material consideration; weight is for the inspector.”

The advantage of retaining John Jones in Islington is undisputed, and the evidence of Jones' unsuccessful search for alternative premises can not be ignored, the judge said.