Islington Council had argued that a planning inspector was wrong to approve plans for the demolition of the Good Intent pub, and its replacement with six three-storey townhouses.
The authority said this is because a local policy requires a pub to stand vacant for two years — and have no realistic prospect of being reopened — before any redevelopment can be permitted.
Challenge dismissed
However, in a recent High Court case, Mr Justice Cranston dismissed the challenge and ordered the council to pay legal costs of £5,749 — adding that an appeal against his decision did not have a realistic chance of success.
He ruled that the planning inspector made an “obviously thoughtful planning decision” on a “correct interpretation” of the policy, after finding that the Good Intent was not of particular value to the local community and the proposed housing would be a “respectful addition to the street scene”.
'No error of law'
He added: “In my view the inspector’s conclusion that the overall aim of the policy had been satisfied, even though there was a degree of conflict with its precise requirements, cannot be said to be in error.
“There was no error of law since the inspector correctly understood the terms of the policy and acknowledged a conflict with its wording — that it was not vacant and that the continuous marketing evidence over a two year period was absent.”
'Disappointed'
However, Islington councillor James Murray, executive member for housing and development, said: “Local pubs are important to our communities and we have strong policies in place to protect them.
“We are disappointed by the judge’s decision, but will continue to strongly enforce our planning policies to protect local pubs.”