Judge gives green light to judicial review of permission for 130-flat development amid open space concerns

A High Court judge has given a local resident permission for a judicial review challenge over Barnet Council’s grant of planning permission for the development of 130 flats on public green space next to Finchley Memorial Hospital.

Jennie Arthur argues that Barnet:

• failed to consider the National Planning Policy Framework’s policy on open space
• failed to consider whether the application is in accordance with the Local Plan, London Plan and National Planning Policy Framework in respect of affordable housing
• made a factual error regarding salary bands for NHS staff – doctors earning £100k would be eligible for the ‘affordable’ housing
• failed to specify when the development should start on the planning permission

Mrs Justice Lang stated that the claimant had “raised arguable grounds which merit consideration at a full hearing".

Should Ms Arthur lose, her costs are limited to £5,000 as this is an Aarhus Convention claim.

A crowdfunding campaign has so far raised more than £13,000 towards a target of £40,000 to cover legal costs. The claimant is represented by Harrison Grant Solicitors. 

A Barnet Council spokesperson said: “The matter is currently the subject of legal proceedings. It would be inappropriate for the council to comment at this time.”