{"id":779152,"date":"2025-03-19T08:39:25","date_gmt":"2025-03-19T08:39:25","guid":{"rendered":"https:\/\/www.architectsjournal.co.uk\/?p=779152"},"modified":"2025-03-19T12:23:36","modified_gmt":"2025-03-19T12:23:36","slug":"bell-phillips-southwark-infill-housing-approval-quashed-after-legal-challenge","status":"publish","type":"post","link":"https:\/\/www.architectsjournal.co.uk\/news\/bell-phillips-southwark-infill-housing-approval-quashed-after-legal-challenge","title":{"rendered":"Bell Phillips\u2019 Southwark infill housing approval quashed after legal challenge"},"content":{"rendered":"

Following judicial review proceedings launched by the Public Interest Law Centre, Southwark Council accepted its 2023 decision<\/a> to grant approval for 34 social homes on two sites at the Elim Estate in Bermondsey was unlawful.<\/p>\n

Bell Phillips\u2019 two-block proposal for Leathermarket Community Benefit Society, a resident-managed housing association set up by the council in 2013, would have replaced a garage and basketball court. The contentious scheme had been opposed by a group of local residents and the legal action sought to overturn the approval on a number of grounds, including flood risk, inadequate consultation, overshadowing and loss of social amenities.<\/p>\n

Southwark Council decided not to contest the claim and, in a consent order issued by the High Court last month, the permission was \u2018quashed by reason of the failure in the officer\u2019s report to consider and apply national flood risk policy as set out in paragraphs 165-173 of the National Planning Policy Framework\u2019.<\/p>\n

As a result judge Peter Lane said he did \u2018need to consider the other grounds of challenge\u2019 and Southwark Council was ordered to pay the claimant\u2019s costs.<\/p>\n

If built, the Bell Phillips scheme would have created nine one-bedroom flats, a pair of two-bedroom homes and five three-bedroom apartments in a six-storey block facing Weston Street and another 18 apartments in a second block on Long Lane.<\/p>\n

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Bell Phillips\u2019 plans for the Elim Estate<\/p>\n\t

Source:Bell Phillips<\/p><\/div>\n

Before its 2023 approval, the development team had already been on a three-year planning journey. When the original designs \u2013 for 32 homes \u2013 were submitted in 2020, residents raised concerns over the location of a proposed new basketball court and open space. The scheme was subsequently withdrawn and resubmitted in summer 2022.<\/p>\n

Then in June 2023 a decision was deferred by the council\u2019s planning committee to \u2018allow for additional information to be submitted\u2019.<\/p>\n

Residents of the estate had wanted the basketball court to remain where it was \u2013 though a new one was promised before the old one closed \u2013 and the new application received 45 objections.<\/p>\n

Some local residents also claimed a consultation had not been fully carried out, although this was denied by the applicants.<\/p>\n

Responding to the court success, Robert Hutchinson, a prominent local campaigner against estate infill projects, said: \u2018This poor-quality development should never have been imposed on the community and should never have been passed at planning committee.<\/p>\n

\u2018By working with<\/em> instead of against<\/em> the local community, a less damaging solution could have been supported by residents and built, with families living in much-needed accommodation now.\u2019<\/p>\n

The news is the latest setback for Southwark Council\u2019s stalling housing drive.<\/p>\n

In 2021 the Labour-run borough was delivering one in three of all England\u2019s new social homes \u2013 726 of the national output of 2,234. But in 2023-24 the council had made a start on just 28 social housing units.<\/p>\n

The Elim Estate development had initially been promised a \u00a35 million grant from the Greater London Authority, but it is understood that money was later withdrawn.<\/p>\n

Southwark Council said it was now looking again at how to take proposals forward for the sites.<\/p>\n

Councillor Helen Dennis, the authority\u2019s cabinet member for new homes and sustainable development, said: \u2018Southwark Council prioritises creating safe, high-quality housing options for residents and we do not want to see the potential loss of high-standard social rented homes for vulnerable people on our waiting list.<\/p>\n

\u2018The council is currently working with the applicant and reviewing options for the site in question, following the High Court ruling.\u2019<\/p>\n

We are confident our consultation processes are robust<\/p><\/blockquote>\n

She added: \u2018Southwark Council has been the most successful local authority in the country at delivering council homes, with 3,000 either built or under construction. A significant portion of those were on \u201cinfill sites\u201d on our estates, which represent rare spaces in London.<\/p>\n

\u2018We take pride in involving affected residents and communities in our consultation processes and are confident that our approach is robust.\u2019<\/p>\n

Bell Phillips has been approached for comment.<\/p>\n

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