The recent judicial review case of R (on the application of Copeland) v Tower Hamlets LBC highlights how social objectives are increasingly having an effect on planning applications.

On 11 June this year, the High Court ruled that Tower Hamlets Council acted unlawfully by approving a planning application to allow a takeaway to set up close to a school which had a healthy eating policy.

The permission was given to change the use of premises from a grocery store to allow ‘Fried & Fabulous’ to open a takeaway.  The councillors had voted in favour of permission after being wrongly directed that they could not take account of the proximity of the local secondary school because it was ‘not a material planning consideration’.

The claimant who applied for judicial review of the planning decision lived opposite the premises and relied on a planning policy of another London authority that restricts takeaways in the locality of schools.

This is an important decision because it means that local authorities will now have to take into account the health and wellbeing of children as a factor in determining planning applications.  The judge in the case confirmed that the promotion of social objectives could be a material consideration in the context of planning law and that a ‘human factor’ could be considered in exceptional cases as part of use of land.

Waltham Forest Council already adopts a planning policy which means that new hot food takeaways are not allowed within 400m of schools, youth facilities, or parks.  Following this case, expect other London local authorities soon to follow suit.

For more information on these issues please contact

Rachel Evans

or your usual Lewis Silkin contact