The government faces a challenge at the High Court today over its refusal to reopen a public inquiry into the planned extension to Brent Cross shopping centre, in North London.
The Secretary of State responsible for planning decisions has opted to reconsider the merits of the scheme only upon written representations.
Standard Life Assurance Co and Hammerson UK Properties plc seek to quash the Secretary of State’s decision, and call for a full public inquiry into the matter.
Russell Harris, counsel for the claimants, said that the Secretary of States decision had been “unfair and unreasonable”, as it placed the companies, which had successfully challenged his initial decision, in a worse position than an original applicant.
He added that the decision denies the companies the right to be heard through legal representation, and, in particular, said that they would be “severely prejudiced” by the inability to cross-examine the new arguments from objectors to the scheme.
He also claimed that civil rights under the Human Rights Act were at stake.
“The public hearing which has taken place has not been determinative of any rights. It led to a decision that was challenged on a number of grounds and was quashed, and, which is required to be re-determined.
“The claimants seek a fair and public hearing in relation to the re-determination, which will determine their civil rights.” He said.
The hearing is expected to end today.
PLS News 11/02/02
