GIA Surveyors ‘Misleading’ Advice
GIA Surveyors ‘Misleading Advice’ – A High Court judge overturns planning permission for Hoxton Hotel over ‘Misleading’ loss of light advice from GIA Surveyors.
The judge concluded that councillors were ‘significantly misled’ by a report by GIA Surveyors that was ‘flawed by misapplication of the BRE methodology’.
London Borough of Hammersmith and Fulham had allowed the proposed Hoxton hotel development on Shepherds Bush Green.
Justine Thornton QC quashed permission after hearing the case of local resident Sabine Guerry. Ms Guerry had successfully argued that the daylight effects of the new building on her property and her neighbours’ properties had not been properly assessed by GIA Surveyors.
She said GIA Surveyors assessment had misapplied the methodology in the Building Research Establishment (BRE)’s ‘Site Layout Planning for Daylight and Sunlight: A Guide to Good Practice’.
GIA Surveyors Misleading Advice
The ‘misleading’ daylight report produced by GIA Surveyors, applied the BRE methodology ‘sequentially’. GIA only tested daylight distribution (NSL) in a room if windows serving the room failed to meet the VSC criteria.
In Justine Thornton’s judgement this approach was described as ‘flawed by misapplication of the BRE methodology’.
As a consequence councilors were given ‘scant’ information on NSL compliance. The judge found the BRE guide to be ‘clear that both the total amount of daylight and the distribution of light within a building are important’.
Due to the ‘misleading nature’ of the advice by GIA Surveyors the decision to grant planning permission was found to be unlawful and it was quashed.
Francis Taylor Building Chambers acted for the Claimant.
This case follows another recent decision where a planning permission was quashed on the basis of misapplication of the BRE methodology. See Rainbird v London Borough of Tower Hamlets).
“These decisions serve as a salutary lesson to developers that technical reports need to apply methodologies comprehensively and selective presentation of the results can ultimately lead to decision-makes being ‘significantly misled’,”Francis Taylor Building Chambers
At Anstey Horne, our team are equipped to always give honest, detailed and expert advice to support a planning application, correctly following the latest guidelines.
Check out our blog on New BRE Advice on Daylight and Sunlight.