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You can find the current article at its original source at http://www.guardian.co.uk/politics/davehillblog/2012/oct/12/earsl-court-project-legal-challenge-go-ahead
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| Version 2 | Version 3 |
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| Earls Court project: legal challenge to Tory flagship's redevelopment plan wins go ahead | Earls Court project: legal challenge to Tory flagship's redevelopment plan wins go ahead |
| (2 days later) | |
| I reported in June on the launch of a legal challenge by the tenants and residents associations (TRAs) of the so-called "people's estates" - the West Kensington and Gibbs Green - to the ambitions of their borough, the Tory darling Hammersmith and Fulham (H&F), to demolish their homes as part of the controversial, 77-acre, £8b Earls Court project redevelopment scheme. On Thursday, His Honour Judge Sycamore formally responded to their application for a judicial review as follows: | I reported in June on the launch of a legal challenge by the tenants and residents associations (TRAs) of the so-called "people's estates" - the West Kensington and Gibbs Green - to the ambitions of their borough, the Tory darling Hammersmith and Fulham (H&F), to demolish their homes as part of the controversial, 77-acre, £8b Earls Court project redevelopment scheme. On Thursday, His Honour Judge Sycamore formally responded to their application for a judicial review as follows: |
| I am satisfied that the threshold for permission is crossed and that this is a case for full consideration at a substantive hearing. The question as to what constitutes a development plan document and the lawfulness of the defendants' master plan for the area is clearly arguable and should be considered at a substantive hearing. | |
| Those defendants are H&F together with its neighbour Royal Kensington and Chelsea, where a portion of the proposed redevelopment area lies. There are also three "interested parties" for whom this decision will be unwelcome: EC Properties, which is a wholly-owned subsidiary of the property giant Capco, the two boroughs' developer partner; Transport for London, which owns much of the land in question; and the Greater London Authority, which is effectively London Mayor Boris Johnson. The mayor is a big fan of H&F, has vigorously supported the Earls Court scheme in the past, and seems unlikely to raise any objection to it when it lands on his desk for approval, probably later this year. | |
| Judge Sycamore's "case management directions" include that any wishing to contest the TRAs' claim "must file and serve detailed grounds" for contesting it within 35 days. A lot of lawyers will be earning a lot of loot in the next few weeks. Those defendants will be paying them. What an expensive bit of bulldozing this Earls Court project is turning out to be. | Judge Sycamore's "case management directions" include that any wishing to contest the TRAs' claim "must file and serve detailed grounds" for contesting it within 35 days. A lot of lawyers will be earning a lot of loot in the next few weeks. Those defendants will be paying them. What an expensive bit of bulldozing this Earls Court project is turning out to be. |
| Update, 11:09. Hammersmith and Fulham has issued a statement in response to judge's decision: | Update, 11:09. Hammersmith and Fulham has issued a statement in response to judge's decision: |
| Our planning guidance was adopted correctly and in full consultation with the community. We will be vigorously defending this claim. The regeneration of Earls Court is a major opportunity to attract thousands of new jobs to the area, improve the neighbourhood, build new homes for people currently living on the estates and bring much needed new community facilities such as new shops, a school and health centre. | Our planning guidance was adopted correctly and in full consultation with the community. We will be vigorously defending this claim. The regeneration of Earls Court is a major opportunity to attract thousands of new jobs to the area, improve the neighbourhood, build new homes for people currently living on the estates and bring much needed new community facilities such as new shops, a school and health centre. |
| However, a spokesman for the anti-demolition campaign has told Shepherds Bush blogger Chris Underwood: | However, a spokesman for the anti-demolition campaign has told Shepherds Bush blogger Chris Underwood: |
| Despite the outcomes of the Cabinet Meeting on 3 September and the Planning Application Committee on 12 September, the Council and CapCo will never succeed in demolishing our homes, causing harm to vulnerable people and disrupting well-established community networks, to please greedy developers and for the sake of gerrymandering. | Despite the outcomes of the Cabinet Meeting on 3 September and the Planning Application Committee on 12 September, the Council and CapCo will never succeed in demolishing our homes, causing harm to vulnerable people and disrupting well-established community networks, to please greedy developers and for the sake of gerrymandering. |
| Chris regards Judge Sycamore's decision as "devastating" for the council and as putting the entire Earls Court scheme at risk. He suggests to H&F that the expense of fighting for its continuation through the courts alone ought to prompt a rethink. Hard to disagree. | Chris regards Judge Sycamore's decision as "devastating" for the council and as putting the entire Earls Court scheme at risk. He suggests to H&F that the expense of fighting for its continuation through the courts alone ought to prompt a rethink. Hard to disagree. |