High Court quashes council planning decision by consent on flood risk ground
A High Court judge has issued a quashing order after Southwark Council conceded that its decision to grant permission for an infill development on a London council estate breached national planning policy.
The case, which was brought by solicitors at the Public Interest Law Centre (PILC), was conceded on a ground that claimed the London borough failed to enforce national flood risk policy.
If constructed, the development would have seen 34 homes built on two sites in the Elim Estate, in Borough.
The homes would have replaced a children's play area and car parking.
The planning application, which was submitted by Southwark's tenant managed development organisation Leathermarket Community Benefit Society (CBS), was given permission in June 2024.
However residents represented by Alexandra Goldenberg and Saskia O'Hara at PILC claimed the planning application was "mismanaged".
The claimants advanced six grounds of challenge at the High Court, which included issues of inadequate consultation, financial feasibility, equality duties, overshadowing, and loss of green and social amenities and the flood risk ground.
In his order, High Court judge Sir Peter Lane said he did not need to consider the full list of grounds as Southwark had already conceded on the flood risk ground.
The order also noted that Leathermarket CBS had failed to sign the consent agreement between Southwark Council and PILC, "thereby accepting neither the terms nor the quashing of planning permission", a statement issued by PILC claimed.
The legal campaign group described this as a "further snub" and called for "urgent systemic changes" to resolve the relationship between Leathermarket CBS residents.
This is the second failed planning application for the Elim council estate. A previous application was withdrawn in 2021 following a local campaign to save the outdoor ballcourt on the site.
Cllr Helen Dennis, Southwark's Cabinet Member for New Homes and Sustainable Development, said: “The council is currently working with the applicant and reviewing options for the site in question, following the High Court ruling.
“Southwark Council has been the most successful local authority in the country at delivering council homes – with 3,000 either built or under construction. A significant portion of those were on 'infill sites' on our estates, which represent rare spaces in London.
“We take pride in involving affected residents and communities in our consultation processes and are confident that our approach is robust.”
Leathermarket CBS has been approached for comment.
Adam Carey
