Judicial review by film production company "totally without merit", judge finds

A judge has ruled that a judicial review challenge brought by a leading film production company over Westminster City Council’s grant of planning permission for a large mixed use development near Marylebone High Street was “totally without merit”.

According to barristers' chambers Francis Taylor Building, Working Title Films had argued that a hall providing flexible community space and intended also to accommodate the Marylebone Farmers' Market, secured by a s. 106 agreement, was not necessary to make the development acceptable in planning terms.

FTB said that the High Court judge, Mr Justice Gilbart, accepted in Working Title Films Ltd, R (on the application of) v Westminster City Council & Anor [2016] EWHC 1855 that the test of necessity in CIL Regulation 122 was a test of law (rather than a test of policy as it was when much of the existing case law was decided), and found that that test had clearly been met.

Saira Kabir Sheikh QC and Charles Streeten of FTB appeared for Westminster.