R (on the application of Eliterank Ltd) v Royal Borough of Kensington and Chelsea [2015] EWHC 220 (Admin), [2015] All ER (D) 168 (Feb)
The claimant sought judicial review of the defendant local planning authority’s decision that it had no jurisdiction to grant consent for works, as they were not “underground works” and fell outside the scope of s 3(2) of the London Squares Preservation Act 1931. The Planning Court, in dismissing the application, held that, on the proper construction of s 3(2) of the Act, none of the works were underground works or buildings.
