Supreme Court dismisses challenge on councillors’ right to vote

27/03/25

The Supreme Court has handed down judgment in R (Spitalfields Historic Building Trust) v Tower Hamlets LB and Old Truman Brewery Ltd [2025] UKSC 11 and, in doing so, has provided an important analysis of councillors’ right to vote and when that right may be restricted.

The Claimant challenged the planning permission granted for the redevelopment of the iconic Old Truman Brewery on Brick Lane. When the decision was taken, only those councillors who had also been present at a previous, deferred, meeting were allowed to vote. This was a rule provided by the Tower Hamlets Constitution and which is replicated across the country. The Claimant challenged the decision, arguing that the Constitution breached the fundamental right of councillors to vote.

The Supreme Court dismissed the Claimant’s appeal. Ultimately, it found that the right of councillors to vote on local authority business is not an established right recognised by the common law outside the statutory regime of which it forms a part. On a proper construction of the Local Government Act 1972 (and related legislation), voting rights could be restricted in the manner provided for by the Tower Hamlets Constitution where, as here, the rule was rational.

A copy of the judgment is available here.