It’s ‘game on’ for the second Judicial Review!
Last Friday, 14 March, Nick Perry’s legal team served a ‘pre-action protocol’ letter on the Council. This gives the Council legal notice of the intention to serve a new Judicial Review on their second attempt to grant planning permission for the Wilmer Place Sainsbury’s development.
Congratulations and many thanks to the legal team for all their work, and of course to Nick, for all the hard work. See Stokey Local for more details.
What happens now?
Well the Council could, in theory, ‘consent’ to the challenge, but this is not likely. We are asking that the first and second Judicial Reviews be joined together and heard together. If this happens, then we should know in May whether the planning decision was lawful or not. It is obviously in everyone’s interest to know one way or the other, whether the decision was legitimate, so the Council may agree to joining the two cases. If they do not, then the first Judicial Review (JR1) will be heard in May. Stokey Local is relatively confident that they will be successful, but it will all depend on how the judge views the issues on the day. If JR1 is lost, then the developer has planning permission and JR2 becomes irrelevant. If however, JR1 wins, then the first decision is null and void, and all will hinge on JR2. Unless the two cases are joined, it is likely to take another six months before JR2 gets to a hearing.
If we win JR1 and JR2, then the developer is back to square one and will need to make a fresh planning application. They may of course choose to submit a further identical application and hope that the Council can ‘go through the motions’ of giving it appropriate consideration. However, by then we will have had a series of elections and we may find that the composition of the planning committee has changed. Equally, this time, we may be able to persuade our local MP to support a ‘call in’. So potentially it will be a long campaign; there may even be a JR3!
The people of Dalston are organising to maximise the benefit for the community of the redevelopment of Kingsland Shopping centre (no one is actually against the redevelopment, but they want to see real benefits for the community, and the preservation of the Eastern Curve Garden). There is a petition that you may wish to sign, and which you can help publicise.
Last week a decision at Planning Sub-committee to demolish the last historic vestiges of Dalston Lane Terrace, and rebuild them in a modern ‘heritage likeness’, was passed on the casting vote of the Chair. It has been a hugely unpopular decision in the borough and the campaign to Save Dalston Lane is facing many of the same, difficult decisions as Stokey Local right now. If you want to stay in touch with the issue, two groups are leading the charge: @SaveDaltsonLane on Twitter, and OPEN Dalston.
Hackney Unites are seeking to organise a range of ‘hustings’ meetings in the run up to the Council elections in May. This will be an opportunity for the community to put questions to the candidates. It might be an idea to do this in Stoke Newington? For more details see here.
For more info, or to volunteer, to help, you can contact La Toyah firstname.lastname@example.org