Chelsea FC’s circa £1bn proposed redevelopment of Stamford Bridge, SW6, moved a step closer last night after Hammersmith & Fulham council agreed to use statutory powers to overcome a rights of light injunction.
Russian billionaire Roman Abramovich’s Premier League club gained planning approval last year to replace the existing 41,000-seat stadium with a 60,000-seat stadium on the same site.
However, neighbouring residents, the Crosthwaite family, issued an injunction to the scheme, arguing it would infringe on the family’s “rights of light”.
Hammersmith & Fulham council’s executive approved a manoeuvre on Monday to allow the council to use CPO powers to acquire an interest in the site from Network Rail and Transport for London.
The action will trigger section 203 of the Housing and Planning Act 2016, which overrides the “right to light” principle.
The Crosthwaites have previously indicated they are prepared to seek a judicial review.
Wendy Miller, co-head of real estate disputes and partner at Berwin Leighton Paisner, said the judicial review route would be an “uphill struggle”.
She added: “This case highlights the difference in approach between the courts’ upholding of private law rights, where the judges have stressed the importance of protecting the property rights of private residential owners, and the public sphere, where the use of statutory powers requires a council to consider the wider public benefit weighed against the rights of the individual.”
The redevelopment is supported by mayor of London Sadiq Khan.
The club’s application includes a £12m investment in community activities and a £3.8m affordable housing contribution.
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