The long-awaited Court of Appeal hearing against the High Court decision to uphold the planning approval for the demolition and redevelopment of the Elephant and Castle shopping centre will be held on the 16 and 17 March 2021. The hearing will be online. Permission to mount the appeal was granted to Jerry Flynn, of the 35% Campaign, who is supported by local campaigners Up the Elephant. David Wolf QC of Matrix Chambers, Sarah Sackman of Francis Taylor Building and Paul Heron of the Public Interest Law Centre represent Mr Flynn.
The planning approval was granted by Southwark Council in January 2019 to shopping centre owner and developer Delancey and the appeal follows an unsuccessful High Court challenge, when Mr Justice Dove refused to quash the planning approval, after a two-day hearing in October 2019.
While the demolition of the shopping centre has begun, the legal challenge has focused on the shortage of social rented housing in the proposed development. Delancey has increased the amount of real social rented homes from zero to 116 units under the pressure of a 3-year campaign by Up the Elephant, but it is still only a fraction of the nearly one thousand in the new development. The social housing could also be at risk, if Delancey doesn’t deliver on the “West site”, not due to be built for nearly another decade.
Campaigners also believe Southwark's Council’s planning committee was misled as to the maximum amount of affordable housing the scheme could viably provide and that there could be at least another 42 social rented homes, with help of Mayor of London funding.
Over £8000 has been raised to support the legal challenge through a CrowdJustice appeal and the Up the Elephant campaign continues the struggle for a better deal for the many traders who have not been properly relocated.
The online rally, supporting the legal case, will be held on the morning of the appeal and will hear from Mr Flynn, traders, lawyers and trade unionists.
The Elephant and Castle shopping centre appeal rally
Homes for People, Not for profit!
9:30am, Tuesday 16th March
Join the Zoom Meeting
https://us02web.zoom.us/j/84686776386
Meeting ID: 846 8677 6386
The rally can also be seen on YouTube and Facebook.
Jerry Flynn of the Up the Elephant campaign has said;
“Delancey may have already begun the demolition, but the battle for what is to be built is not over. Southwark is not getting as much social rented housing from Delancey as it should, while the need for it has become even more acute. Delancey are not building the homes and new shops that local people need. Their planning permission should be quashed and homes and shops that local people can afford built instead.”
Paul Heron, solicitor from the Public Interest Law Centre, who is representing the campaign, adds:
“We are happy that the matter will now be considered by the Court of Appeal. The case raises a number of important legal issues regarding how local councils should handle these developments. One concern is that Southwark council, and many councils like them, are failing to maximise social housing in these developments. Another concern is that councillors are failing in their duties – far too much power is being given to unelected council officials in the decision-making process. This has to stop otherwise there will be a democratic deficit in planning law”.
Tanya Murat, of Southwark Defend Council Housing, supporters of the campaign, said:
“Southwark Council should now listen to the views of its own residents instead of throwing yet more money on lawyers to prop up the mega profits of its friends in the development industry. This development wouldn’t have gone ahead without the Council's active support. Councillors should put the needs of homeless and low paid residents above the needs of developers.”