QC uses crowd funding in bid to take planning case to Court of Appeal

A QC is seeking to raise £20,000 through crowd funding to take a planning case through to the Court of Appeal.

Simon Kverndal QC is a maritime litigation and arbitration specialist at Quadrant Chambers who has lived in the Chiswick area with his family for 17 years.

He is seeking to challenge Hounslow Council’s decision to give Lend Lease permission to develop a residential complex of 13, 8, 7 and 6 storey buildings on Chiswick High Road overlooking Turnham Green.

A first round of crowdfunding raised £20,000 to bring a judicial review challenge in the High Court.

A full hearing took place on 29/30 September. Last month (28 October) Mr Justice Supperstone held in Kverndal v London Borough of Hounslow [2015] EWHC 3084 (Admin) that the five grounds of challenge were arguable but he dismissed all of them.

On the Crowd Justice site, Kverndal said the initial crowdfunding target had been hit but the stretch target of £20,000 was needed “to take us through the permission stage of the appeal process”.

He said he was bearing the risks of the litigation but was appealing to the community for help with some of the costs.

The sum raised would cover the fees of Richard Buxton Environmental & Public Law and barristers Dan Kolinsky QC and Luke Wilcox of Landmark Chambers.

Claiming that allowing the development to go ahead was “plainly inconsistent” with the local plans and policies Hounslow Council had drawn up, he added: “We truly believe that if this development is allowed to go ahead, it will not just dramatically affect our skyline; it will irreversibly destroy the heritage, character and community of Chiswick for us and for future generations.”

On the High Court ruling, Kverndal said: “The judgment is extremely disappointing not just in the result but in failing to do justice to the very powerful arguments advanced on our behalf. We have at least a fighting chance on appeal but that fight will depend on whether we raise the funding which we need to pay the legal costs.”

If permission is given, a third round of crowdfunding will be necessary to cover the appeal itself, Kverndal said.