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ARTICLE · 30 SEPTEMBER 2026

Consistency in planning decision making

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The High Court has quashed a planning permission for a high-rise development in the Chiswick House Conservation Area, finding that the council's planning committee was materially misled about the merits of an earlier approved fallback scheme. The judgment establishes important principles about how local planning authorities must accurately represent Inspector's findings from appeal decisions when considering new applications, particularly where those findings differ from officer assessments.

United KingdomReal Estate and Construction
Sarah Sutherland
Sarah Sutherland

In R (The Old Chiswick Protection Society) v London Borough of Hounslow [2026] EWHC 2278 (Admin), the High Court has quashed a planning permission for a new high-rise development in the Chiswick House Conservation Area. My colleague Craig Shearer has set out the details of the facts and judgment below.

Background and facts

By a decision notice dated 31 March 2023, the London Borough of Hounslow (“the Defendant”) refused an application to extend and redevelop a site to accommodate 104 residential flats with retained office space. The grounds for refusal included an unsuitable housing mix, unacceptable living conditions and a design standard that would harm the area's appearance. Planning permission was granted on appeal, subject to conditions (“the Fallback Scheme”). The Inspector concluded that the development would be of high quality and design and would enhance the character and appearance of the area.

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