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Case Study
Overview
In 1999 Greenwich Council asked the residents in an area of Charlton
to vote on the transfer of their homes to Charlton Triangle Homes,
a local housing company. The residents were told that if they voted
for the proposals some of the old blocks would be demolished and replaced
by modern social housing. A majority of the residents backed the proposals.
The Harold Gibbons Estate included a large recreation and play area
which had been used by local residents and their families for many
years. At the end of 2007 the residents noticed that some works were
being carried out on the recreation and play area. Initially the residents
were pleased that finally some works were being carried out to regenerate
the estate. However, they then realised that the works were not to
improve the recreation and play area, but that Charlton Triangle were
building a large block of flats right in the middle of it. None of
the residents had been told that this was going to happen.
The Claimant
Mr G had been a resident on the estate for over 40 years. He had seen
contractors on the recreation and play area and asked what they were
doing. When he could not get a straight answer he contacted Greenwich
Council’s planning department. They eventually told him that
they had given planning permission for flats to be built on the recreation
and play area over a year ago. They could not explain why most of
the residents on the estate had not been told about the planning application.
Mr G got in contact with his local councillor, but he did not seem
to know what was going on. He suggested that Mr complain to the Local
Government Ombudsman, but Mr G was concerned that this would be much
too slow. Mr G then decided to seek legal advice and got in contact
with us in March 2008.
Other organizations involved
As soon as we were instructed we sent a warning letter to Greenwich
Council and Charlton Triangle explaining that unless the building
works stopped Mr G would begin a judicial review case. Whilst waiting
for their response we visited the estate and spoke to other local
residents, many of whom agreed to provide witness statements in support
of the judicial review case. We also obtained very helpful evidence
from two national charities, Play England and 4Children, about the
importance of local play areas to children.
What happened
We granted emergency legal aid to Mr G. Then, in April 2009, we began
a judicial review court case on Mr G’s behalf challenging Greenwich
Council’s planning decision.
The court normally expects judicial review cases challenging planning
decisions to be begun within a matter of weeks. Here the judicial
review case had been begun over a year after the planning committee’s
decision to grant planning permission. Nonetheless, we were able to
persuade the Court that the case should be allowed to go ahead and
the Court agreed to arrange an urgent final hearing.
Before the final hearing we returned to the estate with the QC and
junior barrister who had agreed to represent Mr G so that they could
understand how the estate was being affected by the development. We
also submitted further evidence in response to the evidence submitted
by Greenwich Council and Charlton Triangle in opposition to the judicial
review case.
The final hearing took place in July 2008. At trial the judge agreed
that Greenwich Council had failed to comply with their legal duty
to publicize Charlton Triangle’s planning application and that
as a result local residents had been denied a proper opportunity to
object to the planning decision. The judge also accepted that the
loss of part of the recreation ground would have a considerable detrimental
impact on Mr G and other local residents. The judge made a declaration
that the process which had led to planning permission being granted
had been unlawful.
Postscript
Although the judge made a declaration that the planning decision-making
process had been unlawful, he did not revoke the planning permission
because over a year had elapsed since the planning permission had
been granted and Charlton Triangle told the judge that in the intervening
period had spent several hundred thousands pounds developing the site.
However, during the court case, Greenwich Council re-inspected the
site and saw that building (which was still only partially built)
had been constructed in the wrong place. This meant that Charlton
Triangle had to reapply for planning permission.
We helped the residents make representations in opposition to this
new application and highlighting the fact when the planning committee
had originally granted planning permission they had not been told
that most of the residents were unaware of the planning application,
nor that the development would result in the loss of a substantial
part of the recreation and play area.
When the planning committee considered the new planning application
they refused planning permission. As a result it is likely that at
least part of the new development will have to be demolished.
In addition, as a result of the court’s decision that the original
planning decision-making process had been defective, the local residents
will be able to apply to the Council’s monitoring officer for
compensation for the loss of part of their recreation and play area.
Links
For a copy of the court judgment click here.
May 2009
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