High Court gives green light for fourth judicial review challenge regarding future of London housing estate

A judicial review challenge of Lambeth Council's planning approval of a plan that would demolish part of a 1970s estate will be heard in November, making it the fourth judicial review application concerning the estate in seven years.

The council approved plans in 2015 to demolish all 306 existing homes on the Cressingham Gardens estate, which borders Brockwell Park in South London.

However, the development was halted after residents of the estate launched a judicial review challenge. The challenge resulted in the High Court ruling that the council's decision to remove refurbishment options from its consultation on the future of the housing estate and focus on regeneration alone was unlawful.

Almost a year later, a High Court judge put further plans for the demolition of the estate on hold in light of a new judicial review challenge. The residents argued that Lambeth failed to follow its own criteria as to the net value of demolition and breached their right to property. However, the High Court dismissed all seven of the residents' grounds.

A judge approved a third judicial review in July 2021 of the council's decision to demolish a block called Ropers Walk on the estate. The claimants alleged that the estate had not been properly considered as a "non-designated heritage asset" as part of the planning assessment.

The council decided to quash its own planning permission before the hearing could take place, which had the effect of re-activating the planning application.

At the time, the council said that it was "not prepared to spend more taxpayers' money contesting a challenge that could end up delaying these new homes for at least another year" while the council waited for a court date.

It said that quashing the original permission, and ensuring that an updated plan is put before the Planning Applications Committee, was "the cheapest and quickest way of resolving this issue in the interests of everyone in Lambeth".

By November 2021, a renewed planning application to demolish Ropers Walk had been made and accepted by the council's planning committee.

But last week, a High Court judge granted permission for a legal challenge of the new planning approval.

In an announcement by the residents' group behind the legal proceedings, the group said that the council was seeking to "salami slice" the Ropers Walk block.

In a statement reacting to the fresh judicial review, a council spokesperson said: "We regret that this important project to provide new homes for local families is going to be delayed. The people of Lambeth need all the new, affordable homes we can provide, and as quickly as possible."

It added: "Quashing the original permission, and ensuring that an updated plan was put before the Planning Applications Committee, was considered to be the quickest and most efficient way of resolving this issue in the interests of everyone in Lambeth."

The judicial review hearing will take place on 24 November 2022.

Susan Ring, a solicitor at Hodge Jones & Allen, is representing the claimant.

Adam Carey