The Court of Appeal has given campaigners permission to appeal the decision to give the shopping centre’s demolition and regeneration the green light.
The shock move came after the centre’s traders had all left or been relocated to new premises and contractors began decommissioning the building – with demolition due to begin within weeks.
No date has been set for the appeal, but the decision is sure to give campaigners new hope that the scheme can be overturned.
Permission for the appeal has been given to Jerry Flynn from the 35% campaign, whose focus is on lobbying for genuinely affordable homes and council housing. His bid has been supported by a coalition of campaigners under the ‘Up the Elephant’ umbrella.
Planning permission for the regeneration was given by Southwark Council in December 2019, months after a failed High Court Challenge by campaigners, who highlighted the lack of social homes in Delancey’s plans.
Although the regeneration brings a new campus for the London College of Communication and other benefits, it only includes 116 social rent homes out of nearly one thousand – many of which will not be built within the next decade. Although, as Delancey regularly points out, there are no homes on the site at present.
Originally just 33 social homes were planned, but the number was raised due to campaigners’ consistent lobbying. Securing affordable retail space was another win from activists including Latin Elephant.
The legal challenges have been funded with the help of an £8,000 Crowdfunding appeal.
After the announcement, Jerry Flynn said: “We look forward to the case going to the Court of Appeal. Southwark is not getting as much social rented housing from Delancey as it should be, 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, said the case raised several key questions for local authorities across England.
“The case raises a number of important legal issues regarding how local councils should handle these developments,” he said.
“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”.
The shopping centre closed its doors permanently on September 26, as protestors gathered outside with placards.
The real question is what happens next given hoarding is already up. In a statement to the News, a Delancey spokesperson said the developer was ‘disappointed’.
“While we await the Court of Appeal hearing date, which we expect to take place next year, works will continue on the site now the shopping centre has closed. These works remain permitted by the consents in place.
“We want to reassure all parties that we take our responsibility to supporting the local community extremely seriously and we will continue to keep everyone updated throughout via our website, newsletter and regular information forum meetings.”
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