Resident sues ‘callous’ Hackney Council to prevent playground eclipse

Artist’s impression: Resident Hazel Mew, trained in technical drawing, has produced a to-scale outline of proposed building

A Dalston resident is mounting a legal challenge against Hackney Council’s “callous decision” to build a three-storey block of luxury flats that threatens to overshadow a primary school and reduce sunlight in the playground.

In September planning authorities approved proposals by developers Chan & Eayrs to construct flats and a café next to Colvestone Primary School, off Ridley Road.

Disappointed parents and residents launched a petition, Save Our Sunshine, calling on the Mayor of Hackney, Jules Pipe, to ensure the development does not block the school grounds from direct sunlight.

Now Judith Watt, a Colvestone Crescent resident, has issued judicial review proceedings to prevent the construction.

“I couldn’t believe the private interests of the developer were being put above the health, education and wellbeing of 30 children this year and every year going forward. That is outrageous,” said Ms Watt.

“It makes me very angry to see such a callous decision being taken by my local council who own the school.”

A judicial review is the procedure through which the public may challenge a decision, action or failure to act of a public body – such as a local authority. The review allows the applicant to seek an order that could change, prohibit or quash that decision.

Ms Watt issued the challenge following the outcome of a study by independent sunlight experts. The consultants Anstey Horne, concluded the construction would cause “an increase of three to four times the existing levels of overshadowing”.

Enforcing covenant

The site earmarked for the development is on brownfield land formerly owned by the council. When it was sold the council wrote a restrictive covenant into the deeds, protecting the school’s right to “uninterrupted and unheeded access of light and air”.

Ms Watt expects to receive acknowledgement that the council has received the review papers in the next week. The administrative court will then decide whether or not the case will be heard.

But Ms Watt hopes that won’t be necessary. “This shouldn’t have to end up in court. The Mayor should intervene to make sure the covenant that his successors saw fit to write in will be enforced.”

A Hackney Council spokesperson confirmed it had been served with a claim for a judicial review of the decision to grant planning permission.

“The council is now considering its response to the claim,” the spokesperson said.

Concerned residents have stressed they would not be opposed to a single-storey development.

Mami McKeran, mother to two children at Colvestone Primary, said: “I am not against development on this plot of land, which for many years has remained underused. I am simply against a private development with so little benefit to the community.”