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Courts clear the way for development of one of Britain’s “worst wasted spaces” opposite Hampton Court Palace

The Supreme Court have refused permission to appeal against the decision of the Court of Appeal in R(on the application of Garner) v Elmbridge Borough Council [2011] EWCA Civ 891. The Claimant had challenged Elmbridge BC's grant of planning permission for redevelopment, including a hotel, of the Jolly Boatman site opposite Hampton Court Palace.

The site has been described by the Commission for Architecture and the Built Environment as one of Britain's "worst wasted spaces". The grounds of challenge were failure to have proper regard to the preservation of the setting of the palace and failure to give adequate reasons for the decision. Both grounds were dismissed at first instance and in the Court of Appeal, and on 23 November 2011 the Supreme Court refused the Claimant's application for permission to appeal.

Simon Bird QC and Wayne Beglan acted for the local planning authority. Mary Cook andHugh Flanagan acted for the first interested party, Gladedale Group Limited.