A scaffolding company that could lose its Bromley-by-Bow depot to a redevelopment spearheaded by Tesco has lost a High Court challenge to the scheme.
Cranston J refused permission for Trad Scaffolding Co to seek judicial review of the decision by the London Thames Gateway Development Corporation to grant permission for an 11,377sqm supermarket, retail space, 454 homes, a hotel and a primary school on a 4.5ha site that includes Trad’s premises. He held that the decision was lawful.
Trad claims that unless an alternative site is found, its employees could lose their jobs.
Trad, one of the principal objectors to a proposed compulsory purchase order to secure the land for the redevelopment, hopes to persuade the secretary of state for communities and local government not to confirm the order.
It claims that the planning committee had failed properly to consider whether the employment benefits flowing from the scheme, which was approved on the basis that it would provide a net gain of 412 jobs, would be realised.
Trad argued that the net gain was dependent on its successful relocation; if that failed to happen, the net gain would be only 112 jobs, even if the full scheme were to go ahead. It claimed that the committee had not undertaken a proper analysis of whether the benefits of the later phases of the five-phase scheme would be delivered.
It argued that neither Tesco nor any other developer was obliged to carry out the remainder of the development once the first phase, including the supermarket and retail development, was completed.
Refusing permission, the judge said: “The loss to Trad of the site without a relocation alternative would involve a potentially significant loss of jobs and that had a direct bearing on regeneration and planning policy.
“It is clear that the planning committee was aware of the potential job losses. It could have been in no doubt that the loss of employment should Trad fail to relocate was to be taken into account as a material consideration in making the planning decision.”
He added that the committee took into account that not all phases of the development would necessarily be completed, and that not all of the projected jobs would be provided.
