Student Accommodation Development Receives Green Light

A judge has underlined the importance of local employment opportunities as a factor to be taken into account when considering the grant of planning permission, in this instance for a multi-storey development that included 475 student rooms.



The London Borough of Islington had challenged the grant of planning consent for the development, which, the Council argued, was not needed and was not in accordance with local planning policies.



The Council had previously refused permission for the development, in September 2010, because of the impact it would have on the character and appearance of the area, the loss of daylight it would cause to neighbouring properties and the adverse effect it would have on trees.



The Council argued that the planning inspector had misunderstood its development plan policies and wrongly found that this was an appropriate site for student accommodation. It contended that in granting planning permission, the inspector had ignored its policy strictly limiting new student accommodation to University premises. The Council also argued that the inspector had reached an unlawful conclusion that the development would not be viable if conventional housing were put in place of the student accommodation, a decision which was not based on any evidence.



The Council asked the judge to order the Secretary of State for Communities and Local Government to have the matter reconsidered.



However, the High Court ruled that the planning inspector had been entitled to treat as a key consideration the fact that the development would provide an expanded workshop, gallery and exhibition space for a local business which might have been forced to leave Islington had permission for the development been refused.



In the judge’s view, the planning inspector had taken an ‘entirely lawful approach’, the reasoning employed being ‘legally adequate’, and the protection of an important local employer was ‘obviously a material consideration’.



Dismissing the Council’s appeal, the judge said that the evidence advanced on behalf of the developer clearly demonstrated the employment advantage of retaining the business in Islington.