Mixed-use redevelopment plans for Elephant & Castle Shopping Centre are under attack at the High Court from a campaigner who says they won’t offer enough affordable homes.
Part-time teacher and campaigner for affordable housing in the capital Jerry Flynn is asking Mr Justice Dove to quash the London Borough of Southwark’s grant of planning permission for the redevelopment scheme, which also incorporates the local University of the Arts London campus.
Flynn says that, of the 979 homes that form part of the project, only 35% are affordable – the minimum figure expressed in Southwark’s development plan, and well below the 60% target in the mayor’s London Plan. Of those, most will fall under the least affordable tenure of discounted market rent, with only 116 homes (12%) for social rent.
He says that the deliverability of social housing was a critical issue in the determination of the planning application, in the context of a controversial regeneration scheme which will displace many existing small businesses, largely operated by BAME people.
Permission was granted by Southwark’s head of planning in January, following an increase in the number of social rented units from 33 to 116. The planning committee had initially indicated that it would refuse the scheme based on the lower number, but resolved that permission should be granted following the increase.
However, David Wolfe QC, representing Flynn, argued that members who voted had been wrongly advised by planning officers that the improved social housing provision had been “facilitated” by “recently confirmed” Greater London Authority funding. In fact, he said, this funding had not been confirmed, nor agreed in principle.
In addition, he claimed that the section 106 agreement intended to secure delivery of the social rented units fails to achieve its purpose, because the sum secured “falls well short of the construction costs”. As a result, he said that members unlawfully took into account an irrelevant decision when voting in favour.
He argued that the section 106 agreement also falls short of providing the review mechanism required by council members to boost the amount of affordable housing if economic circumstances improve.
Lawyers representing Southwark Council will seek to persuade Mr Justice Dove to uphold the planning permission, which also provides for a new shopping centre. They say that the scheme will deliver a range of benefits, including key transport infrastructure, enhanced educational facilities and the delivery of much-needed housing, and that a planning officer described it as the “last piece of the puzzle” at the heart of the transformation of a key opportunity area.
The lawyers maintain that Southwark’s conclusion that the offer of 116 social rented units represented the maximum reasonable affordable housing, taking account of viability, was a legitimate planning judgment that was lawfully made. They argue that Flynn’s grounds of challenge are “without merit”.
In addition, the separately represented Elephant & Castle Properties Co Ltd argues that there was no legal error in the grant of permission.
The development, if it goes ahead, is intended to be delivered in two phases – the east site and the west site – over almost a decade. Work on the east side, including demolition of the existing shopping centre and provision of new retail facilities, would begin first.
The judge is expected to give a written judgment at a later date.
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