Judge dimisses another Earls Court case

A legal challenge to LB Hammersmith & Fulham’s plan to sell two estates to Capital & Counties for redevelopment as part of their Earls Court plans has been dismissed.

West Kensington Estate resident Harold Greatwood had argued for a judicial review of Hammersmith & Fulham Council’s decision to enter into a Conditional Land Sale Agreement (CLSA) with Capco to include the West Kensington and Gibbs Green estates in the wider regeneration of Earls Court.

Mr Greatwood questioned the legality of the council’s consultation with local residents on whether or not to sign the CLSA and also argued that the agreement should not have been signed until the developer had reached an agreement with Transport for London for the sale of the adjoining Lillie Bridge Depot. He also alleged that the existence of an “early movers list” undermined the lawfulness of the decision.

Judge Clive Lewis QC ruled against Mr Greatwood on all three grounds.

Mr Greatwood applied for permission to challenge the decision and scupper the scheme in January but that was thrown out after the ruling judge, Mr Justice John Mitting found that there was no legal basis for the claim. Nevertheless, the law allows for unsuccessful judicial review claimants to request an oral hearing.

Cllr Nicholas Botterill, Leader of Hammersmith & Fulham Council, said: “The redevelopment of Earls Court is a once-in-a-lifetime chance for the local residents to benefit from a multi-billion pound investment in their own neighbourhood.

“This major regeneration could lead the way in lifting the country out of recession – ploughing hundreds of millions of pounds worth of investment into London’s economy and bringing thousands of new homes and jobs.”

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