Earls Court JR allowed

Residents on the Gibbs Green and West Kensington estates have been granted a judicial review of plans to demolish and rebuild their homes.

The council recently approved the transfer of the estates to Capco, so they can be part of the major regeneration of the area. Now the residents have been granted a judicial review of the process which agreed the development plan document for the area. Campaigners maintain it was flawed.

Lord Judge Sycamore said: “I am satisfied 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.”

A recent Judicial Review of an LBH&F decision on the Shepherds Bush Market scheme, which ruled in favour of campaigners against that scheme, did not halt progress on that scheme as planning permission was granted against the borough’s core strategy, rather than the local planning document ruled flawed on that occasion.

A Hammersmith & Fulham Council spokesperson commented: “The High Court action against our planning guidance has no impact on the Council’s recent resolution to grant planning consent, nor does it affect the recent decision to enter into a Conditional Land Sale Agreement with EC Properties LP.

“The guidance, which is used to help determine planning applications in the area, was adopted following a full consultation. We are confident that our procedures were correct and will be vigorously defending the claim. ”

LB Hammersmith & Fulham now has 35 days to respond to the order.

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