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London Borough of Lambeth defeats High Court challenge to decisions on Garden Bridge

RCJ portrait 146x219The London Borough of Lambeth has successfully defended the latest legal challenge to its decision-making in relation to the Garden Bridge over the River Thames, it has been reported.

Legal proceedings had been brought over the local authority’s decision to vary a lease of land on the South Bank of the River Thames to allow for the bridge’s construction.

Clive Sheldon QC and Ronnie Dennis of 11KBW acted for the council.

According to 11KBW, Mrs Justice Lang refused the claimant permission on the grounds that the claim was unarguable and had not been brought promptly.

The judge’s reasons were said to include that: the decision to vary the lease was not a disposal of land for the purposes of s 123(2A) of the Local Government Act 1972; Reg. 13(1) of the Asset of Community Value (England) Regulations 2012 was not ultra vires the enabling Act; and the decision fell within the scope of the council’s powers under s 1 of the Localism Act 2011 and/or s 111 of the Local Government Act 1972.

Lambeth Council said it welcomed the ruling.

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