West Ken stand-off set for Summer

West Ken campaigners

At an oral hearing this afternoon, sitting as a deputy High Court judge, Clive Lewis QC refused permission for judicial review of Hammersmith & Fulham Council’s decision to sell the West Kensington and Gibbs Green estates to Earl’s Court developer Capco. At the same time he dismissed the Council’s application for costs.

In his judgment, the Judge said:

"The Claimant is Mr Greatwood. He is a secure tenant on the West Kensington estate. He has lived there for 20 years. It is his home. It is not surprising he is concerned and worried about this proposal. It is not surprising that he has brought the matter before this Court. He is supported by a number of other tenants who are also concerned, as you would expect, about the impact on their homes and the places where they live. Mr Greatwood, has, if I may say, put forward his arguments carefully and moderately".

"I pay tribute to Mr Greatwood and his supporters for the careful, considered and moderate way in which they have put these arguments in this Court".

"Firstly, I take on board the point that this is a matter of very great importance to Mr Greatwood and his friends. He is a secure tenant on these estates; he has lived there for 20 years. This is his home. He was perfectly entitled, in my judgment, to challenge the lawfulness of the decision. Secondly, the way he has conducted himself, in my judgment, is exemplary. He has done everything he can to assist this Court by focusing his arguments and taking points that appear sensible. He has done everything he can to marshal quite difficult material and papers. In my judgement, his conduct cannot be criticised in any way whatsoever".

"In relation to the order of Mr Justice Mitting, … he did not think it would be appropriate to order costs. What Mr Greatwood then did, very sensibly, was reconsider matters; he abandoned certain grounds; he had new facts, which have come to light afterwards; and again, he proceeded very reasonably. So, in my judgment, it would be inappropriate to order the costs of the Acknowledgment of Service. So, whilst I fully understand the application made by the London Borough of Hammersmith & Fulham … the application for costs is dismissed".

Upon advice, the Claimant has decided not to appeal the Judge’s decision. Harold Greatwood said:

"I was very heartened that the judge welcomed my right to challenge this scheme in the High Court. He said it was not surprising that me and my neighbours should be worried and concerned; and he paid tribute to the enormous amount of work that me and my friends have put into this case".

"I’m not going anywhere, and I know that the majority of my neighbours shall also be staying put. We’re back in court this summer. It’s far from over: we fight to the bitter end".

"going nowhere": West Ken & Gibbs Green residents

 Residents return to the High Court on 17 July for a substantive hearing to consider their challenge of the Council’s planning policy that underpins the Earl’s Court scheme. The Claimants are the West Kensington & Gibbs Green Tenants & Residents Associations; the Defendants are the London Boroughs of Hammersmith & Fulham and Kensington & Chelsea; and the Interested Parties are EC Properties, Transport for London and the Greater London Authority.

Community Organiser for the estates, Jonathan Rosenberg said:

"Residents are absolutely determined to use every lawful means to defend their community and save their homes"

"At £8 billion this is the largest redevelopment in the world outside of China. Despite the Government’s ambition to limit judicial review claims, this judgement confirms there is still a corner of English justice where ordinary persons can challenge decisions that sorely affect them, decisions that are made by the powerful to benefit the rich at the expense of the poor".

Cllr Nicholas Botterill, Leader of Hammersmith & Fulham Council, however, is a happy man:

“The redevelopment of Earls Court is a once-in-a-lifetime chance for the local residents to benefit from a multi-billion pound investment in their own neighbourhood. We will be working closely with local residents to ensure they are the main beneficiaries of this scheme.

“This major regeneration could lead the way in lifting the country out of recession – ploughing hundreds of millions of pounds worth of investment into London’s economy and bringing thousands of new homes and jobs."