Court of Appeal refuses developer permission to appeal in dispute over planning enforcement and equalities duties

The Court of Appeal has refused a developer permission to appeal a High Court ruling that dismissed its judicial review challenge over a council’s decision to enforce against alleged “substandard” housing.

Devonhurst Investments had been accused by Luton Borough Council of having changed the use of Shire House, Luton, from employment to residential by demolishing rather than converting an office building. This now comprised 109 self-contained units in three two-storey structures.

The site is located in a functioning industrial estate.

In Devonhurst Investments Ltd, R (On the Application Of) v Luton Borough Council [2023] EWHC 978 (Admin) Mrs Justice Steyn rejected Devonhurst’s legal challenge to the council’s decision to issue an enforcement notice requiring demolition.

Cornerstone Barristers said the matter would now proceed to an enforcement inquiry.

Wayne Beglan from Cornerstone represents Luton Borough Council.

See also: Planning enforcement and equalities duties - Mrs Justice Steyn's ruling shows that equalities duties must be treated differently, writes Roderick Morton.