Council wins possession of wildlife garden but eviction must wait for JR hearing

A judge has confirmed Lewisham Council’s right to possession of a wildlife garden in Deptford as part of a housing project, but said it cannot take place until seven days after a High Court judge holds an oral hearing into whether to grant permission for a judicial review challenge.

Campaigners from the Save Reginald! Save Tidemill! group have been occupying the Old Tidemill Wildlife Garden since 29 August.

Lewisham had sought eviction of the campaigners at Bromley County Court.

The oral hearing is to take place at the High Court on 17 October.

Andrea Carey, Save Reginald! Save Tidemill campaign member, said: “This is great news, as it was clearly unacceptable for the council to seek possession of the garden while a legal challenge to the legality of its plans was in progress.

“We urge the council, and the developers Peabody, to take this opportunity to do what they have persistently failed to do: to go back to the drawing board, and to work with the community to come up with new plans for the old Tidemill school site that spare the garden and the 16 structurally sound council flats next door, in Reginald House, and that deliver new homes at social rent.”

James Bowen from Garden Court Chambers’ housing team appeared pro bono for the campaigners.

A Lewisham Council spokesperson said: “The court has ruled that the Tidemill site is being illegally occupied and granted our order of repossession, which we will enforce in due course.

“We remain committed to building more than 100 new social rented homes on the site. These new homes will bring safety, security and improvement to the lives of local families who have already been waiting for far too long for a home of their own.”