A local resident has failed in his legal challenge to plans for the 43-storey Doon Street tower block on London’s South Bank.
This morning, the Court of Appeal rejected William Ashton’s legal bid to overturn the decision of the secretary of state for communities and local government Hazel Blears to approve the Coin Street Community Builders building behind the Royal National Theatre.
The decision followed a public inquiry and went against the advice of a planning inspector in August 2008.
Ashton argued that the permission should be quashed because the secretary of state had erred by basing her decision on the fact that leisure facilities at the development would be provided at no public cost, whereas the scheme would require public funding.
Dismissing his claim Lord Justice Pill ruled that there was “no merit” in Ashton’s submission that the decision was “inadequately reasoned”.
The appeal court judge went on to rule that even if Ashton’s claim had merit Ashton did not himself have “standing” to bring it as “his participation in the planning process was insufficient in the circumstances to acquire standing.
He was not an objector to the proposal in any formal sense and did not make representations, either oral or written, at the properly constituted Public Inquiry.”
Ashton v Secretary of State for Communities and Local Government and others Court of Appeal (Pill, Maurice Kay and Moore-Bick LJJ) 24 May 2010.
Richard Harwood (instructed by Richard Buxton, of Cambridge) appeared for the appellant; James Maurici (instructed by the Treasury Solicitor) appeared for the first respondent; David Forsdick (instructed by SJ Berwin) appeared for the second respondent.
