Court backs Lambeth over decision to redevelop Cressingham Gardens estate

The High Court has dismissed a challenge to Lambeth Council over its decision to rebuild rather than refurbish the Cressingham Gardens estate in Tulse Hill.

Cressingham Gardens resident Andy Plant brought the judicial review against the council over its alleged failure to carry out a fair consultation, failure to follow its own criteria relating to the financial viability of demolition, and its breach of his right to property. Campaigners also claim that the new build option would raise rents and purchase costs compared with repairing the existing properties.

The council’s position is that refurbishment of the existing estate is impractical and that the proposed redevelopment would see all the 306 properties on the estate replaced with a minimum of 464 new homes. Of the 158 extra homes, 47% would be affordable, including at least 27 extra family-sized homes at council rent. As with all of Lambeth’s estate regeneration projects there will be no loss of social housing.

Following a successful JR against the original consultation last year, the council re-ran the consultation process – including the refurbishment option – before making the decision to rebuild the estate.

In his judgment, Mr Justice Holgate rejected seven separate grounds put forward during the hearing, including the claim that the council had acted unlawfully by choosing an option which failed to meet its own mandatory financial principles, that cabinet members had been misled over an alternative proposal for redevelopment put forward by some residents, and that the consultation with residents did not provide enough information about its effect on the right to buy.  The Judge refused the claimant leave to appeal.

The claimant, Andy Plant, said, ‘This is obviously not the Christmas present we’d hoped for. Of course we had everything crossed for a brilliant win like last year. But it’s not all bad news, as we still have everything to fight for, and will fight on to save our homes and community.

“We are hoping to appeal the judgment. This case has forced the council to admit some very alarming facts, which we will be able to add to our armoury for other future challenges. The facts we’ve exposed should serve as a call to action for Lambeth residents, and particularly people living on estates in this borough, who are worried about what its politicians are up to in their name.”

Cllr Matthew Bennett, Cabinet Member for Housing, said: “I hope that this ruling ends the uncertainty that Cressingham residents have faced over the past six months since this legal challenge was launched. Despite a huge shortfall in our budget to improve every council home in Lambeth, we are still committed to providing all our tenants with a high-quality home, and rebuilding the estate is the best way to do this.”

“Architects will start working with residents in the New Year on the design for their new homes and a rebuilt Cressingham Gardens estate.”