Justice Lang says campaigners have raised 鈥渁rguable grounds鈥� for legal challenge
The High Court has allowed a legal challenge of Michael Gove鈥檚 decision to approve Make鈥檚 拢700m redevelopment of the former ITV Studios site on London鈥檚 South Bank.
A full judicial review will be scheduled for later this year in the latest planning setback for the controversial 26-storey office scheme, one of the biggest construction projects in the capital.
The news is a blow to developer CO-RE which had been gearing up to start on site within weeks with McGee set to resume demolition work which had been put on hold after the scheme was originally put on ice by communities secretary Michael Gove two years ago shortly after Lendlease won the deal which has an estimated pricetag of 拢400m.
It was originally approved by Lambeth council and Sadiq Khan in 2022 before it was called in by Gove鈥檚 predecessor Greg Clark and sent to a public inquiry in December that year.
Gove delayed his decision on the scheme three times before finally signing it off in February, nearly two years after it was first approved.
Claimants Save Our South Bank (SOSB), a collective of campaign groups, are arguing that Gove ignored the impact of the scheme they describe as 鈥淭he Slab鈥� on views of St Paul鈥檚 Cathedral.
The collective is also arguing he misinterpreted planning policy for the site, which had been allocated for mixed-use including housing, and did not sufficiently take into account the carbon impact of flattening the site鈥檚 existing 24-storey 72 Upper Ground tower.
Justice Lang said in the court order: 鈥淚n my view, the claimant has raised arguable grounds which merit consideration at a full hearing.鈥�
SOSB spokesperson and veteran campaigner Michael Ball, who led a judicial review against Thomas Heatherwick鈥檚 aborted Garden Bridge plans, said Lang鈥檚 decision not to query any of the group鈥檚 four main points was 鈥渁 first in my experience鈥�.
The scheme鈥檚 developers CO-RE and Mitsubishi Estate now have 35 days to contest the claim with one project source saying: 鈥淭his is all very frustrating>鈥�
SOSB said they were 鈥渄elighted鈥� that Justice Lang had ordered a full hearing. 鈥淔rom the outset, local residents and campaigners including Historic England raised strong concerns about the impact of 鈥橳he Slab鈥� on protected views of St Paul鈥檚 Cathedral and other heritage assets,鈥� they said.
Ball added: 鈥淢illions of people enjoy walking the South Bank for the delightful views afforded by the river. These views 鈥� of some of the nation鈥檚 crown jewels 鈥� would be wrecked, and the South Bank cast into gloom by an ugly jumble of tall buildings.
鈥淧ermission for these speculative office towers also undermines efforts 鈥� supported by Mr Gove 鈥� to address our city鈥檚 housing crisis and reduce needless emissions of over 100,000 tonnes of CO2.
>> See also: London calling: An interview with CO-RE chief executive Bradley Baker
鈥淚t is an extraordinary act of self-harm which we hope the High Court will prevent.鈥�
CO-RE, whose job at 120 Fleet Street, also set to be built by Lendlease, has been held up by funding problems, and Mitsubishi Estate declined to comment on the High Court鈥檚 order.
The pair have previously said: 鈥淭hrough all stages of the planning process there has been strong recognition of the fantastic addition that 72 Upper Ground will make to the South Bank and to London.鈥�
SOSB have said that the former ITV tower could be refurbished to provide 200 homes and 500,000 sq ft of offices while saving a huge amount of embodied carbon compared to Make鈥檚 full redevelopment approach.
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