London council to pay majority of claimant legal costs in Hendon Hub judicial review

A local residents group involved in a judicial review of Barnet Council’s plans to construct more student accommodation and university buildings in Hendon has said the council has agreed to pay the majority of the claimant’s legal costs.

The claimant, Richard Lecoat, first filed his request for judicial review in October 2021, challenging the lawfulness of the council's Supplementary Planning Document (SPD) that gave rise to the development scheme dubbed the Hendon Hub.

The claim alleged that the SPD was actually a Development Plan, which meant that the Hendon Hub development should have been subject to a greater level of public scrutiny, including a consultation.

A hearing date was set for Summer 2022, but was later delayed as control of the council switched from Conservative to Labour, following the May 2022 local elections.

Upon considering the claim, the new administration decided to withdraw the SPD entirely.

The case was subsequently dropped but the claimant argued that because the outcome that he had wanted had been achieved, he was entitled to his legal costs.

Negotiations on the settlement have now concluded and the council will pay the majority of the costs of bringing the challenge, according to Save Hendon.

Save Hendon also submitted complaints against the council to the Information Commissioner's Office, and the United Nation's Aarhus Convention Compliance Committee.

The United Nations complaint pertains to the Aarhus Convention, an international agreement that promotes public participation in decision-making and provides access to justice on environmental matters. Save Hendon requested UN committee to review Barnet Council’s actions which the group believes indicated a pattern of unlawful governance.

The request was approved for a hearing but initially stalled due to the ongoing judicial review proceedings. "Now that the judicial review has been settled, we are able to return to Aarhus," Save Hendon said.

The ICO complaint is due to be heard by the First-Tier Property Tribunal early this year and is set to challenge the council's alleged withholding of reports on the Hendon Hub Business Case.

A separate complaint was also lodged with the Local Government and Social Care Ombudsman alleging misconduct by certain councillors. This has been referred to an investigation team, according to Save Hendon.

Barnet Council has been approached for comment.

Adam Carey