The Honourable Mr Justice John Mitting sitting in the Administrative Court refused permission for the application for a Judicial Review, describing it as “absurd”.
A West Kensington Estate resident had applied to launch a judicial review of Hammersmith & Fulham Council’s decision to enter into a Conditional Land Sale Agreement with EC Properties (a subsidiary of Capital & Counties) to include the West Kensington and Gibbs Green estates in the wider regeneration of Earls Court.
Finding that the challenge to the Council’s consultation was “not reasonably arguable”, Mr Justice Mitting said: “The analysis of the consultation responses put to cabinet on 23 April 2012 and 3 September 2012 was balanced and fair. The suggestion that the results of the consultation were hidden is unwarranted”.
He went on to say that the consultation was adequate, and that: “The suggestion that because the defendant did not address the consultation documents to tenants by name or to the ‘tenant’, the process was flawed, is absurd.”
This allowed the parties – Hammersmith & Fulham Council and EC Properties – to sign the Conditional Land Sale Agreement already approved by the Council’s cabinet.
The Council will eventually receive approximately £105m, an estimated £54million of which, they say, will be available to be reinvested in the borough.
The council will also receive 760 replacement homes for people currently living on the estates.
Gary Yardley, Investment Director at EC Properties, said: “The Earls Court project now has great momentum. Following the receipt of planning consent from RBKC on the 20 November, we are pleased to have entered into the CLSA with LBHF marking another important step in the ongoing process to create Sir Terry Farrell’s vision for the Opportunity Area. We look forward to working with the local community and delivering the Earls Court Masterplan which will create 7,500 new homes and thousands of new jobs in the area.”