Judge gives green light to judicial review of development authorization for 130 apartments in an open space context

A High Court judge has allowed a local resident to challenge judicial review of Barnet Council’s grant of planning permission for the development of 130 flats on public green space next to Finchley Hospital Memorial.

Jennie Arthur argues that Barnet:

  • did not consider the policy of the National Planning Policy Framework on Open Spaces
  • has not considered whether the application is in line with the local plan, the London plan and the national planning strategy framework in relation to affordable housing
  • made a factual error about NHS staff pay brackets – doctors earning £100,000 would be eligible for ‘affordable’ housing
  • did not specify when development should start on planning permission

Madam Justice Lang said the plaintiff had ‘raised arguable grounds which merit consideration at a full hearing’.

If Ms Arthur loses, her costs are limited to £5,000 as it is a claim under the Aarhus Convention.

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A crowdfunding campaign has so far raised more than £13,000 towards a goal of £40,000 to cover legal costs. The plaintiff is represented by Harrison Grant Solicitors.

A Barnet Council spokesperson said: “The matter is currently the subject of legal proceedings. It would be inappropriate for the board to comment at this time.