Out-Law News | 20 Mar 2014 | 3:46 pm |
The challenge was brought to the Court of Appeal yesterday following a judge's findings last July that the planning inspector who granted the permission to Ashburton Trading, the property arm of Arsenal Football Club, had been wrong to conclude the proposals were in accordance with Islington Council's local policies on tall buildings.
The High Court judge had quashed the permission after finding that the scheme conflicted with the local policy, which states that buildings over 30 metres high are "generally inappropriate to Islington's predominantly medium to low character" and that proposals for new tall buildings will not be supported.
According to reports by the Estates Gazette, Ashburton argued in the Court of Appeal that the use of the word "generally" in the policy was intended to leave a degree of planning judgement and that the High Court judge should have exercised his discretion not to quash the permission.
The Court of Appeal has reserved its decision.