A complex dispute over the future of London’s Bishopsgate Goods Yard, which has been described as a “moveable feast” by counsel for one of the parties, has shifted to the Appeal Court.
Last November, opponents to London Underground’s scheme to demolish the goods yard won a declaration that this would constitute a breach of planning permission. However, Tower Hamlets London Borough Council and Hackney London Borough Council decided that they would not take any enforcement action if London Underground were to demolish the building without permission.
In a separate decision in May, railway enthusiast Andy Prokopp won an order requiring the councils to reconsider their decision. But Collins J stated that the councils could lawfully reach the same decision again.
A key argument in the dispute, which Richard Clayton QC, for the opponents, conceded was a “moveable feast”, is whether there has been “substantial compliance” with EC requirements for environmental impact assessments.
An environmental assessment had been carried out at the time of the original planning application, but the scheme’s opponents maintain that this was undertaken before certain areas of the yard had been listed, and did not therefore comply with the EC requirements.
In the decision now being challenged, Collins J ruled that, when deciding whether there had been substantial compliance, it was proper to consider the whole history and to take account of the previous planning permission.
He said that although the local authorities had not considered the matter in the required manner, he was of the view that, even if they had properly considered it, they would have been entitled to decide in favour of substantial compliance and to conclude that no new environmental impact assessment would be required.
The hearing is expected to last three days, after which judgment will be reserved.
References: PLS News 19/6/03
