Published On: 30th June 2023Categories: General, Housing, Judicial review

Permission has been granted on the papers by Lang J to bring a judicial review of the decision of the London Borough of Southwark to approve a “non-material amendment” under s.96A of the Town and Country Planning Act 1990. PILC represents the Claimant, Ms Aysen Dennis, a local resident and campaigner whose home is due to be demolished under Notting Hill Gensis’ scheme to regenerate the estate.

The amendment was made to a phased, outline planning permission concerning the Aylesbury Estate in London. The amendment in question was to insert the word “severable” into the description of development of the outline scheme.

The Claimant argues that it was irrational to conclude that the change to the outline planning permission was non-material, in light of the judgment of the Supreme Court in Hillside Parks Ltd v Snowdonia National Park Authority [2022] UKSC 30 (“Hillside”).

The claim will likely deal with the implications of Hillside for “drop in” planning permissions and the amendment of large outline schemes more generally. In particular, the Court is expected to give guidance on whether a phasing plan and/or the outline nature of the scheme means that it is necessarily “severable”, as discussed in Hillside.

Although technical in nature, this challenge is important for local communities across the country fighting to hold developers, who have diverted from historical plans and promises to residents in ‘regeneration’ schemes, to account.  It is also a significant example of those affected by demolition and gentrification having agency over the planning process to further their campaigns against displacement and loss of council/social rent housing.

Further details on the case can be found here.

Ms Dennis’ legal team is:  

Alexandra Goldenberg and Saskia O’Hara of the Public Interest Law Centre.

Alex Shattock of Landmark Chambers. 

Photography: Luisa Le Voguer Couyet