The Court of Appeal has allowed a judicial review challenge to Grainger’s controversial £70m redevelopment of Wards Corner in north
This morning, the appeal court overturned deputy High Court Judge Keith Lindblom QC’s July 2009 decision to dismiss the application by local historian and resident Janet Harris, who is a member of the Wards Corner Community Coalition, for a judicial review on the ground that Haringey Council’s decision to grant the developer permission was unlawful.
Harris alleged that planning chair councillor Sheila Peacock had said on three occasions prior to any application for the development that she would approve the plans, indicating that she had predetermined the application.
Harris also alleged that by granting permission for the development, which includes the demolition of the Latin American market and which, she claimed, will have a negative effect on racial diversity in the area, the council had failed to discharge its duties under the Race Relations Act 1976.
Allowing Harris’s appeal, Pill LJ said: “I am satisfied that, on the material before the council, there was a sufficient potential effect on equality of opportunity between persons of different racial groups, and on good relations between such groups, to require that the effect of the decision on those aspects of social and economic life be considered.
“There was no analysis of the material before the council in the context of the [Council’s equality] duty. I would allow the appeal and quash the permission.”
Following judgment, Harris said: “I am delighted with the outcome of the case. Developments of this kind erode the social fabric of communities like mine in Tottenham. If they are not checked, people will eventually look around and wonder why the place where they live is no longer special and vibrant.”
John Halford, of Bindmans solicitors, who represented Harris, said: “The council’s attitude towards the local community was quite scandalous. This ruling sends the clearest signal that, however persuasive a wealthy developer may be, its voice must not drown out those of local people.”
R (on the application of Harris) v Haringey London Borough Council Court of Appeal (Pill, Arden, Sullivan LJJ) 22 June 2010.
David Wolfe (instructed by Bindmans LLP) appeared for the appellant; Peter Harrison QC (instructed by the legal department of Haringey London Borough Council) appeared for the respondent; Helen Mountfield QC (instructed by The Equality and Human Rights Commission) appeared for the intervener; the interested parties did not appear and were not represented.
