Herod Property Ltd, R (on the application of) v Westminster County Council

Facts

The claimant property developer purchased 32 Palace Court, Bayswater, from Eastern and Oriental (E&O), which had used 32 and 34 Palace Court as its UK headquarters until January 2021 and undertook to separate the two buildings internally. The claimant completed the purchase on 19 May 2021, used the premises as a design office for a period, and then obtained prior approval on 19 May 2022 to convert them into five self-contained flats under the permitted development regime, subject to completion within three years. The claimant's planning agents, DP9, were twice informed of potential liability for community infrastructure levy, in March 2022 and April 2023, but did not pass the warnings to the claimant. Development was commenced between 6 November and 31 December 2023 without any notice of chargeable development or commencement notice, on the view that there was no uplift in floorspace and the levy would be zero. Four flats were sold in 2024. On 22 August 2025 the defendant collecting authority prepared its own notice of chargeable development, and on 28 August issued a liability notice for £294,959.75, a demand notice for £380,326.30 including surcharges and interest, and a surcharge notice. The claimant sought judicial review on four grounds, permission having been granted by Mould J on 11 February 2026.