London’s Court of Appeal has upheld a decision blocking a proposed development on a former gas works in Stepney, following complaints from a local resident that the land had been contaminated and that the effect of the scheme upon the surrounding environment had not been fully explored.
In January, the High Court allowed a challenge by John Gillespie, of Maroon Street, London E14, to the Secretary of State’s decision to grant planning permission for the development on a 3.5ha site in Harford Street, Stepney.
Richards J quashed the decision on the basis that the Secretary of State’s conclusion, that an environmental impact assessment would not be required, was “unreasonable and unlawful”. Pill, Laws and Arden LJJ have now upheld that decision in the Appeal Court.
Laws LJ said that the Secretary of State had deployed conditions on the planning permission “effectively as a surrogate” for the environmental impact assessment that should have been carried out. He said that this was “illegitimate” and the decision could not stand.
Bellway Urban Renewal Southern v Gillespie Court of Appeal (Pill, Laws and Arden LJJ) 27 March 2003.
Keith Lindblom QC, Peter Village QC and James Pereira (instructed by Masons) appeared for the appellant; David Wolfe (instructed by Richard Buxton, of Cambridge) appeared for the respondent.
References: PLS News 28/3/03
