Professional Documents
Culture Documents
BETWEEN:
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INTRODUCTION
of judicial review the decision made by Southwark London Borough Council (“the
Council”), dated 26th February 2018, to refuse to extend OBNF’s Neighbourhood Area
to the North by including within it the areas between Druid Street, Crucifix Lane,
Snowsfields and Newcomen Street to the South and Tooley Street to the North.
2. Section 116 of the Localism Act 2011 made provision for Schedule 9 to the Act to have
principally by inserting new provisions into the Town and Country Planning Act 1990
3. Amongst other inserted provisions is new section 61F, which sets out the considerations
1
which a Council must take into account when determining whether or not to designate an
4. As for the designation of a “Neighbourhood Area” is concerned, section 61G provides inter
alia as follows:
“61G
…
(1) In determining an application the authority must have regard to -
(a) the desirability of designating the whole of the area of a Parish Council as a
Neighbourhood area, and
(b) the desirability of maintaining the existing boundaries of areas already
designated as neighbourhood areas.”
5. Section 61G(4) contains the only direct legislative guidance as to the exercise of a Council’s
discretion to designate a Neighbourhood Area, which is the “desirability” of designating the
whole of the area of a Parish Council and the “desirability” of maintaining existing
light of section 61F(7)(a)(iii) above, that regard must also be had to “the character of that
6. Further guidance in this regard is given in Paragraph: 033 Reference ID: 41-033- 20140306 of
• the catchment area for walking to local services such as shops, primary
schools, doctors’ surgery, parks or other facilities
2
• the physical appearance or characteristics of the neighbourhood, for example
buildings may be of a consistent scale or style
• whether the area forms all or part of a coherent estate either for businesses or
residents
Electoral ward boundaries [P.248] can be a useful starting point for discussions
on the appropriate size of a neighbourhood area; these have an average
population of about 5,500 residents.”
7. Paragraph: 035 Reference ID: 41-035-20161116 of the PPG makes it clear that when
8. Further, Paragraph: 036 Reference ID: 41-036-20140306 of the PPG makes it clear that a
Neighbourhood Area can include sites viewed as “strategic” by the Local Planning
Authority:
9. The specific guidance that strategic sites can be included in a Neighbourhood Area was
inserted into the PPG on 6th March 2014, on the same day the judgment of the Court of
Appeal was given in R (Daws Hill Neighbourhood Forum) v. Wycombe District Council
[2014] EWCA Civ 228, and in order to ensure that Local Planning Authorities were made
quite aware that even though it had been held in that such sites could be excluded from
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Neighbourhood Planning, it was national policy guidance that they could, properly, be
included.
10. The above national policy guidance must, in turn, be seen against the following backcloth:
(1) Any Neighbourhood Development Plan and/or Order will have to accord
with the strategic vision of the Local Planning Authority in any event – see:
Schedule 10 to the Localism Act, which inserts new Schedule 4B into the 1990
Act; and
to use the statutory powers created by the 2011 Act to exercise influence over
decisions that may make “a big difference to the lives of local residents” (in
the words of the Government’s “A Plain English Guide to the Localism Act”),
FACTUAL BACKGROUND
11 In September and December 2012 two organisations - The Bermondsey Village Action
Group (BVAG) and the Bermondsey Neighbourhood Forum (BNF) - submitted separate
boundaries of the two proposed areas for which designation was sought overlapped.
12 The Council decided, on 28th August 2014, to designate a different area to those for which
applications had been made, which the Council called ‘Area A’. This area was much
larger than that which had originally been applied for by BVAG, the predecessor
organisation of OBVNF, extending considerably to the South but being truncated to the
North – that truncation being achieved inter alia through excluding the areas between
Druid Street, Crucifix Lane, Snowsfields and Newcomen Street to the South and Tooley
Street to the North from the Neighbourhood Area for which BVAG had sought
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designation.
13 The reasons for the Council designating ‘Area A’ and, in particular, for excluding the
above areas from the original Neighbourhood Area for which BVAG had applied, were
given in paragraphs 23-26 and 31-34 of the Officer Report, dated 20th August 2014, as
follows:
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Proposed boundaries
26. The Council proposes the designation of Area A, identified in Appendix C,
as this constitutes a single coherent neighbourhood which is considered to be
appropriate for neighbourhood planning.
The Northern Boundary
• …
• The boundary follows the Southern side of Snowsfields and Crucifix Lane
incorporating the buildings on the Southern side of the junction between
Crucifix Lane and Bermondsey Street
• The boundary excludes the railway arches along the North of Crucifix Lane
• …
The reasons for the Northern boundary being chosen are:
…
• Area A is predominantly residential, whilst the area North of the railway is
predominantly commercial, strategic and an employment generator. The built
form reflects this difference in terms of scale, building types and urban layout.
The urban structure in the area North of the railway consists of large plots as
a result of large institutions, commercial developments and major transport
infrastructure including London Bridge stations and viaducts. The scale of
built form is significantly greater around London Bridge in comparison to
Area A and broadly transitions at Snowsfields. London Bridge is a primary
transport interchange with significantly higher levels of pedestrian footfall
and public transport provision than the quieter Area A. The sphere of
influence of this site extends well beyond the area represented by BNF and
BVAG.
• The Business Improvement District covers most of the area North of Area A.
Team London Bridge are an independent, business led project board who
were elected to represent and help support businesses and employees to
improve the area since November 2005. 32,000 people work within the BID
area and 406 business premises are located there. Any Neighbourhood Area
for this section would need to be business led, unlike Area A which is
predominantly residential.
• The railway arches along Druid Street and Crucifix Lane are removed from
Area A in order to ensure that there is a consistent approach to all of the
arches.
• … The area to the North of Snowsfields is different in character to the area to
the South. Snowsfields itself acts as a natural boundary, being one of the main
thoroughfares cutting through the area, therefore, the area to the North of
Snowsfields is not included in Area A. Given the large residential population
in the Southern part of the proposed area between Snowsfields and
Bricklayers Arms, it would not be appropriate to designate this as a business
led neighbourhood plan area. Newcomen Street, Snowsfields and Crucifix
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Lane form a clear boundary between these areas and the almost exclusively
residential area to the South.”
“31. Area A has been proposed by officers because it is considered to form a coherent
neighbourhood in terms of the urban grain and scale, and pattern of land use.
32. The character of the Bankside, Borough, London Bridge and Bermondsey areas
has recently been assessed through the Bankside, Borough and London Bridge
Characterisation Study (June 2013) and Bankside, Borough and London Bridge
Characterisation Study Addendum (Trinity & Tabard) (January 2014)
(appendices E and F). Both studies were prepared for the Council by independent
planning consultants, URS. The areas have a similar character as set out below.
33. The studies have been used to inform the boundaries of the proposed Area A,
which is shown at appendix C of this report. Area A is based on the Bermondsey
area, and the Trinity and Tabard area. Whilst both of these areas are described
separately in the characterisation study and its addendum, similar descriptions
can be applied to both. In relation to Bermondsey, the Characterisation Study
(Appendix E) recognises that “Land use is predominantly residential,
interspersed with commercial and industrial uses.” (p.109, Characterisation
Study, 2013). The Trinity and Tabard character area addendum (Appendix F) is
described as "... predominantly residential, typically laid out as private houses
with gardens or as local authority housing estates set within public green space.
There are small pockets of light industrial uses principally in the east, close to
Long Lane and in the South adjacent to New Kent Road.” (p.7, Characterisation
Addendum, 2014)
34. The built form of Area A is characterised by small areas of private housing amid
larger residential housing estates. Overall, building heights are much lower than
the neighbouring areas of Tooley Street, London Bridge and Guy’s Hospital to
the North. The scale of development within Area A is moderately consistent at
around 11-20m in height, as illustrated in the Figure 101 of the Characterisation
Study and Figure 7 of the Characterisation Addendum. Therefore, Area A is
considered to form a coherent neighbourhood which is appropriate for
neighbourhood planning.”
14 The reference to “strategic sites” in paragraph 24 of the August 2014 Report, apart from
Guy’s Hospital, is to two sites in St Thomas St that have become the subject of “London
(1) NSP52: Land between Melior Street, St Thomas Street, Weston Street and
Fenning Street. This site comprises “the Becket House Site” and “the Capital
House site”:
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i. The Becket House site is currently occupied as offices by the Border
(2) NSP53: Land between St Thomas Street, Fenning Street, Melior Place, and
Snowsfields. This site comprises “the St Thomas Street car park site together
with “the vinegar warehouse”, “the Horsehoe Pub”, and partly Victorian
NSP53 proposes that redevelopment of the site should provide at least the
15 On 5th August 2015, OBNF (the successor organisation to BVAG), were designated as a
Neighbourhood Forum for the Neighbourhood Area, ‘Area A’. However, they never
accepted that the Council had correctly identified ‘Area A’ as the appropriate area for
that Neighbourhood Forum. In particular, OBNF was, and remains, strongly of the view
that the assertion, in paragraph 23 of the August 2014 Report, that the area North of
Snowsfields is (aside from a London Bridge Station and Guy’s Hospital) a distinct
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business area of higher buildings large scale infrastructure and higher density was
wrong, and hides the true motive of the Council, which is simply to frustrate
Street - Victorian and later shops at ground floor and residential above.
Bermondsey Street and comprises small business premises and shop fronts
(2) Aside from the station and Guys and St Thomas, there is nothing ‘corporate’
North of Snowsfields and South of the Railway line – save the two medium
sized office buildings, Beckett House and Capital House (let to King’s
College), and the Council has already consented (Nov 2015) to the almost
complete conversion (except ground floor retail) of the Capital House site to
(3) There is nothing corporate on the NSP53 site either - it was last used as a car
park (mostly), includes the Horseshoe Pub and the derelict Vinegar
16 Moreover, there is firm support for the OBNF view with regard to the true character of
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of the maps in the section of the Characterisation Study on Bermondsey (from
page 104) describing the character of the area (in terms of urban structure,
built form and heritage etc.) include the area North of Snowsfields up to
Melior St and Vinegar Yard in the same area as that to the South; and,
moreover
(2) Both the area to the North and South of Snowsfields fall within the same
There is, therefore, a clear discrepancy between the Characterisation Studies, and the
Conservation Area designation, and the August 2015 Report in this regard.
17 Hence, and on 13th September 2017, OBVNF applied to the Council for an extension to
its designated Neighbourhood Area to include inter alia the area North of Southfields
(but in deference to the reference to ‘large scale infrastructure’ in the August 2014 Report
– which can only be a reference to Guys and St Thomas Hospitals and London Bridge
Station – excluding the same from the extended area applied for). The extension for
which application was made included, in particular, the areas between Druid Street,
Crucifix Lane, Snowsfields and Newcomen Street to the South and Tooley Street to the
North.
18 The Statement accompanying the OBNF application [Tab12 P.128] stated as follows:
“OB(N)F was recognised by the Council in August 2015. The area had been
created in a separate initiative of its own by the Council in October 2014. This
area, designated by the Council as ‘Area A’, is much larger than the group had
originally applied for, extending considerably further to the South, but it was
truncated to the North.
The Forum has since held numerous meetings and established various working
groups that have draft policies for inclusion in the Neighbourhood Plan. In the
process of evolving policies it has become clear that the area designated by the
Council does not optimise the planning process the Forum is engaged in and its
boundaries do not reflect an area with coherence for neighbourhood planning
purposes.
The reason is that the areas between Druid Street, Crucifix Lane, Snowsfields and
Newcomen Street to the South and Tooley Street to the North, that were included
10
in the original application, fit better in character, urban grain and scale with the
Northern part of the area designated by the Council; they mainly consist of small
independent businesses and residences with a high concentration of buildings of
some historic or architectural interest.
The area to the South of the designated ‘Area A’ is comprised almost exclusively
of estates. These give rise to important planning policy issues with which the
Forum is keen to engage. However, despite holding meetings in the immediate
areas of the estates in the Southern part of our designated area it is proving
difficult to get the level of engagement that we would wish for in order to give
representative authority to neighbourhood plans relating specifically to this
area.
Planning policy initiatives and formulation are therefore lagging in respect of the
Southern part of our area and are falling behind those focusing on the Northern
part - as originally applied for. Consequently the South threatens to hold up
progress on the Neighbourhood Plan as a whole and it will be necessary for the
Forum to consider a two-track progression of the plan in order to avoid delay to
plans for the Northern part.
Hence we want to create the more consistent and well-represented area shown
in our new extended area application. At the same time the Forum will consider
a division of its existing area into two more naturally coherent parts (North and
South) to assist, at least in its own administrative approach to policy initiatives
for each area.
By this means we expect to be able to achieve better representation generally
and a more efficient gestation process for the Neighbourhood Plan.”
19 It is in the above circumstances that, on 28th November 2017, the Council agreed to
consult on the OBNF application to extend its Neighbourhood Area. The consultation
closed on 1st February 2018 and the consultation replies [Tab16 P.163-191] were put on the
responses agreed with the proposed extension, including many which expressly agreed
with the above points on the coherent character of the proposed, extended,
Neighbourhood Area:
“I think it makes a lot of sense. I've lived in the local area since 2001, initially on
Whites Grounds Estate, and now in Royal Oak Yard. The boundaries proposed
by the expanded area to the North match the 'natural' boundaries in terms of feel
of the area. Tooley Street is a clear boundary, but the area South of there, albeit
North of the train tracks, has a very similar feel to the area of Bermondsey Street.”
“I am fully supportive of the extended area. It seems extremely odd that specific
areas around Guys Hospital, St Thomas Street and Snowsfields were originally
11
excluded. These adjoining streets to the Bermondsey Street area are crucial to the
fabric and make-up of the area and local community.”
“I fully support the application to extend the Neighbourhood Area to the area as
designated by the extension, especially with regards to Melior St and its
surrounding areas. The numerous small businesses, not to mention the Church
based in the area, are intrinsic parts of a 'local neighbourhood' and contribute to
the neighbourhood feel. They deserve the ability to have representation as part
of a Neighbourhood Forum, and as off-shoots from Bermondsey Streets, it would
be ridiculous to exclude.”
“I fully support the extension proposed by OBF. I have worked in the area for
around 3 years, and I think the character and atmosphere of Bermondsey village
is so unique and perfectly suited to benefit from Neighbourhood Planning.”
“Yes. The area designated by the Council does not optimise the planning process
in which the Forum is engaged and its boundaries do not reflect an area in line
with neighbourhood planning purposes. This is because the areas between
Druid Street, Crucifix Lane, Snowsfields and Newcomen Street to the South and
Tooley Street to the North, which were included in the original application, fit
better in character, urban grain and scale with the Northern part of the area
designated by the Council, as they mainly consist of small independent
businesses and residences with several buildings having some historic or
architectural interest. It would be to the detriment of the local community if the
area the Forum is seeking to reinstate is excluded by the Council.”
“I think the proposal is valid on the basis that the land on the other side of
Snowsfields and the railway is very similar in character to the existing area in
age, style and type of use (for example the council block the other side of
Snowsfields is exactly the same style as Tyers Gate). It is however clearly
different to More London/Guys/LB station which make the new boundaries very
logical.”
“It makes unquestionable sense for the area named "Area A" (and coloured
yellow in the questionnaire) to be extended to include the area named "Proposed
Extension" (and shaded blue in the questionnaire). Given the similarity in
architecture (e.g. Vinegar Yard warehouse and the warehouses on Bermondsey
Street), the shared character (e.g. alleyways and low-rise buildings both North
and South of the railway lines) and the close proximity it is logical and coherent
for "Area A" to include the "Proposed Extension" area. I fully support OBF's
proposal to extend the area of coverage for the Revised Neighbourhood Area.”
“The revised area has a much more sensible boundary as it includes buildings
that are common with the village feel of Bermondsey Street. The extended area
also includes the vinegar yard warehouse which is one of the most prominent
buildings in the area. Vinegar yard represents the historic industrial nature of the
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area, it is this very aspect that makes London Bridge such a desirable
neighbourhood. It would be a crying shame for the community to lose this
building. If people wanted glass and stainless steel high rise they would go to
Canary Wharf. The people of Bermondsey Village/London Bridge appreciate the
medieval infrastructure and the industrial Victorian heritage. I know this as I
have lived on Bermondsey Street for 20 years.”
“Having just Southwark Council's notional "Area A" set as the scope of the
Neighbourhood Forum area appears to me to be missing what it is that makes
up the Character of the area. The inclusion of the extra Northern section, as
suggested by OBF, is much more in keeping with the tone and fabric of the area
as a whole.”
“The additional areas now being applied for show a number of similarities with
the Northern parts of the (already designated) "Area A" in terms of business and
residence type, and many of the buildings manifest a degree of heritage and/or
architectural interest. The revised Neighbourhood Area should prove more
cohesive as well as giving a better opportunity for local people to have a voice in
the planning process.”
20 All of the above consultation replies are clearly highly material to the proper
identification of the Neighbourhood Area and fully support the OBNF application for
an extension upon bases which are consistent with the legislative and policy framework
described above. Moreover, they are the authentic voice of the local community,
precisely the voices to which great weight should be given in Neighbourhood Planning.
13
21 It is in this regard also to be noted that Team London Bridge (“TLB”), expressly stated as
follows in their own consultation response, plainly agreeing with OBNF with regard to
character:
"We recognise and respect the view of Old Bermondsey Village Neighbourhood
Forum that the streets included in the additional area proposed fit better in
character, urban grain and scale with the Northern part of the area designated by
the Council; they mainly consist of small independent businesses and residences
with a high concentration of buildings of some historic or architectural interest.”
22 There were some, but not many, objecting voices – in particular, from the following
(4) Greystar Holdings Ltd. (a global real estate company and developer);
(6) Zurich Assurance Ltd. (who are promoting redevelopment of Becket House).
23 In addition, TLB also stated as follows (albeit against the backcloth of accepting that the
proposed extension to the Neighbourhood Area was a better fit in terms of “character,
urban grain and scale” with the Northern part of the area designated by the Council):
24 This comment is reflective of the reference in paragraph 24 of the August 2014 Report to
the excluded area comprising “mainly strategic sites”, sites NSP52 and NSP53.
(1) Paragraph: 036 Reference ID: 41-036-20140306 of the PPG expressly states
that a Neighbourhood Area can include sites viewed as strategic by the Local
Planning Authority;
(2) Any Neighbourhood Development Plan and/or Order will have to accord
with the strategic vision of the Local Planning Authority in any event;
Forums to exercise influence over decisions that may make “a big difference
(4) It would, in any event, be quite wrong for the Local Planning Authority to
25 Further, and so far as the objections related to Guy’s and St Thomas are concerned
(which includes those raised by Kings College London), these relate principally to
proposed Policy NSP51 of the emerging Replacement Southwark Local Plan. However,
the sites of Guys and St Thomas were deliberately excluded from the proposed,
26 That leaves the objections of the landowners and developers, whose principal concerns
15
were that:
(2) Nothing has changed since August 2014 to justify a different conclusion of the
27 However, so far as (1) is concerned, the same points made in paragraphs 7-10 and 24
above apply; and, so far as (2) is concerned, the same points made in paragraphs 12-16
apply. The August 2014 conclusion in terms of the character of the area was simply
wrong – it was unsupported by, and inconsistent with, the documentation that the
28 On 13th February 2018, under cover of an email sent by Russell Gray to Mr Simon Bevan
of the Council, OBNF submitted a legal Opinion [Tab17 P.192-202] on the application to
extend the Neighbourhood Area in the light of the matters set out above and making
reference to area character, and the consultation responses. That legal Opinion made all
“For all of the above reasons, the case for approving the application to extend the
Neighbourhood Area is compelling. There is overwhelming local support for it;
the best available evidence on character and appearance and community ties
support it; there is good reason in these regards (and new evidence) for the
Council to come to a different conclusion than in August 2014, which is
inconsistent with the Bankside, Borough and London Bridge Characterisation
Study; and the concerns raised by the principal objectors – who are not the voice
of the local community - are unfounded.
In the premises, should the Council decide to refuse the OBNF application for
the extension of the Neighbourhood Area, at the very least to Crucifix Lane, they
will plainly be at risk of being successfully challenged by an application for
judicial review through failing properly to interpret and apply relevant policy
and through failing, accordingly, to take into account all but only material
considerations in accordance with the policy of the Localism Act.”
29 By an Officer Report to the Council Cabinet Member for Regeneration and New Homes,
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dated 20th February 2017 [Tab18 P.203-212], however, it was recommended that the
application to extend the Neighbourhood Area be refused. The stated reasons for this
“21. Comments were received from Team London Bridge. Their view was that
Area A remained the appropriate area for neighbourhood planning with a focus
on establishing an appropriate plan to cover that area and drive forward pro-
active planning strategies.
…
29. It is not considered that the area proposed by the applicant is appropriate for
neighbourhood planning, for the reasons those areas were excluded in 2014. The
character of the respective areas has not changed materially since then and the
reasons for excluding those areas remain.
30. One planning change that has taken place since the designation of Area A
in 2014 is that part of the land outside of that area (and subject to the present
application) has been included in the proposed submission draft of the New
Southwark Plan as site allocations. The council has identified these sites, known
as NSP52 and NSP53, as necessary to meet the strategic aims of the council’s
planning and regeneration strategy and vision for London Bridge. NSP 52 is the
land between Melior Street, St Thomas Street, Weston Street and Fenning Street.
The proposed uses are for a re-provision of at least the amount of employment
floorspace (B class) or 50% of the development as employment floorspace,
whichever is greater. Furthermore their proposal is to include a requirement in
the policy that the site should enhance St Thomas Street by providing high
quality public realm and active frontages including town centre uses (A1, A2, A3,
A4, D1, D2 at ground floor). Redevelopment of the site should also provide new
homes (C3). The site area is 3,814m2 and the existing uses are as university
building (D1) 5261m, Car parking and Office (B1) 3652m2. NSP 53 is the land
between St Thomas Street, Fenning Street, Melior Place and Snowsfields.
Redevelopment of the site must re-provide at least the amount of employment
floorspace (B class) as currently on the site or provide at least 50% of the
development as employment floorspace, whichever is greater. It should also
provide a new north-south green link from Melior Place to St Thomas Street,
enhance St Thomas Street by providing high quality public realm and including
town centre uses (A1, A2, A3, A4, D1, D2) at ground floor. The site should
provide new open space of at least 15% of the site area. Development of the site
should provide new homes (C3). The site area is 4033m2 and the existing uses
are office temporary (B1)2691m2, light industrial and ancillary office and storage
(B1) 751m2 and warehouse vacant 1117m2.”
17
(1) The February 2018 Report essentially repeated, in paragraphs 26-28,
(2) Once again reliance was placed on the Bankside, Borough and London Bridge
Characterisation Study, even though all of the maps in the section of the
character of the area (in terms of urban structure, built form and heritage etc.)
(3) No mention was made of the fact that the areas to the North and South of
Snowsfields fall within the same Bermondsey Street Conservation Area; and
(4) Whilst reference was made to the TLB consultation response in paragraph 21,
nowhere was it stated in the Report that TLB considered that that the
“character, urban grain and scale” with the Northern part of the area
the PPG, which expressly states that a Neighbourhood Area can include sites
(2) No mention was made of the legal requirement that any Neighbourhood
Development Plan and/or Order will have to accord with the strategic vision
18
of the Local Planning Authority in any event;
“a big difference to the lives of local residents”, such that it was particularly
the PPG, whereby the decision-maker was not, in any event, entitled to pre-
judge or make assumptions about what will emerge from developing, testing
a Neighbourhood Area.
32 On 23rd February 2018, OBNF, under cover of an email sent by Russell Gray to Mr Mark
Williams of the Council, submitted a response to the report, dated 20th February 2018, ,
237]. The response had attached to it the above legal Opinion (Appendix 1) and
photographs demonstrating the shared character of the area (Appendix 2). It stated inter
alia as follows:
33 On 26th February 2018, the Cabinet Member for Regeneration and New Homes refused
the application for an extension to the Neighbourhood Area. That decision [Tab20
P.238-247] was then published by the Council on 27th February 2018, so as to come into
force on 7th March 2018 unless “called in” under the Council’s constitution.
34 The notice of decision included the additional comment below, confirming some of
35 A call-in request was made by local Councillors but was rejected on 8th March 2018. A
pre-action protocol letter [Tab3 P.1-23] was drafted and sent within 19 days of that
decision. No reply was received from the Council by the date specified in that letter, but
a reply was received on Friday 6th March 2018 [Tab3 P.23a-23c], asserting that, contrary
20
to the concerns expressed in the pre-action protocol letter:
(1) The Council did take into account the fact that the Bankside, Borough and
Snowsfields in the same Area as that to the South when deciding not to
include both areas in the same Neighbourhood Area, and that the February
(2) The Council also took into account the fact that the areas to the North and
South of Snowsfields fell within the same Bermondsey St. Conservation Area
when deciding not to include both areas in the same Neighbourhood Area;
and
(3) The Council also took into account the TLB consultation response (including
one infers, “that the streets included in the additional area proposed fit better
in character, urban grain and scale with the Northern part of the area
36 However, so far as (1) above is concerned, whilst the Characterisation Study is referred
to in the February 2018 Report (indeed, it is relied upon), nowhere in that Report was
there any reference to the critically important fact that the Study actually included the
areas North and South of Snowfields in the same Area and, accordingly, did not support
‘Area A’ in terms of the character of the area as suggested by the February 20108 Report
37 Further, and so far as (2) above is concerned, whilst the Council assert that they took into
account the fact that the areas to the North and South of Snowsfields fell within the same
Bermondsey Conservation Area, nowhere is that even mentioned in the February 2018
21
Report, still less that this fact plainly did not support ‘Area A’ in terms of the character
38 Yet further, and so far as (3) above is concerned, whilst the TLB consultation
way, nowhere acknowledging that TLB’s view on the character of the area wholly
39 By the same reply to the pre-action protocol letter, dated Friday 6th March 2018, the
Council also asserted as follows, contrary to other concerns expressed in that pre-action
protocol letter:
(1) The Council did have regard to guidance in paragraph 036 of the Planning
but did not refuse to designate the proposed Neighbourhood Area on the basis
(2) In reaching its decision the Council did not pre-judge or make any assumptions
about what would emerge from developing, testing and consulting on any draft
(3) The Council refused to designate the proposed Neighbourhood Area for the
40 However, so far as (1) above is concerned, paragraph 30 of the February 2018 Report
explained in considerable detail that the “one planning change that has taken place since
the designation of Area A in 2014 is that part of the land outside of that area (and subject
to the present application) has been included in the proposed submission draft of the
New Southwark Plan as site allocations… known as NSP52 and NSP53, as necessary to
22
meet the strategic aims of the Council’s planning and regeneration strategy and vision
41 The inference is plainly that this was considered material to the decision to be taken, in
which case - and in order to present a balanced and unbiased Report - the express
Government Guidance that a Neighbourhood Area can include strategic sites should
also have been referred to - nowhere was it mentioned. Further, and for the same reason,
the fact that any Neighbourhood Plan would have to accord with the strategic vision of
the Local Planning Authority in any event should also have been referred to - nowhere
was it mentioned. And, for the same reason, the fact that the Government intention was
to enable Neighbourhood Forums to exercise influence over decisions that may make “a
big difference to the lives of local residents” should also have been referred to – again,
42 In the alternative, and if the Council’s position is that the fact that the proposed extension
included strategic sites was wholly irrelevant to the decision which was taken, paragraph 30
should not have been included in the February 2018 Report at all, as it was an entirely
43 Further, and so far as (2) above is concerned, to the extent that the inference of paragraph 30
of the February 2018 Report is that the Council were intent on preventing OBVNF from
having influence over the strategic sites, that Report not only failed to mention the matters
set out in paragraph 41 above, but also failed to mention that the decision-taker should
not presume how that influence might be exercised (Paragraph: 035 Reference ID: 41-
44 Finally, and so far as (3) above is concerned, and the reasons given in the February 2018
Report:
unintelligible for all of the reasons given in paragraphs 12-16, 19, 21, 27, 32, 34
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and 36-38 above; and
(2) So far as “strategic sites” are concerned, they are inadequate, improper and
unintelligible for all of the reasons given in paragraphs 7-10, 24, 27, 31 and 40-43
above.
(3) In particular, they do not grapple at all with any of the principal controversial
issues raised by the above paragraphs and “plainly give rise to a substantial
3545 The Claimant seeks permission to pursue judicial review of the decision under
Ground One: Failing to take into account matters relevant to the proper
character:
(1) The fact that the Bankside, Borough and London Bridge Characterisation
Study included the area North of Snowsfields in the same area as that to the
South;
(2) The fact that the areas to the North and South of Snowsfields fall within the
(3) The fact that the Team London Bridge consultation response, together with
almost all other responses, considered that that the proposed extension to the
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Neighbourhood Area was a better fit in terms of “character, urban grain and
scale” with the Northern part of the area designated by the Council.
Ground Two: Failing to take into account matters relevant to the proper
strategic sites:
(1) The specific guidance in Paragraph: 036 Reference ID: 41-036-20140306 of the
over decisions that may make “a big difference to the lives of local residents”,
such that it was particularly apt that such sites be included in Neighbourhood
Areas; and
(3) The specific guidance in Paragraph: 035 Reference ID: 41-035-20161116 of the
about what will emerge from developing, testing and consulting on any draft
Ground Three (in the alternative to Ground Two): taking into account an
reference to either character or strategic sites, and giving instead reasons which
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CONCLUSIONS
(2) The decision to refuse OBVNF’s application to extend its Neighbourhood Area
***
AARHUS CONVENTION
The challenge is an Aarhus Convention claim as it relates to the correct Neighbourhood Area
to designate for the purposes of Neighbourhood Planning and has significant implications for
the environment.
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