Colvestone School: judge grants judicial review of ‘dreadful scheme’

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

A campaigner is to have her day in court to contest Hackney council’s decision to give the thumbs-up to a luxury flat development that threatens to plunge Colvestone Primary school’s playground into darkness during the day.

In September last year Hackney council’s planning officers gave the go-ahead to proposals by developers Chan & Eayrs to throw up a three-storey block of flats, whose 9.5 metre-high wall would overshadow the next-door school playground.

Judith Watt, a Colvestone Crescent resident, subsequently mounted a legal challenge against Hackney Council. On 28 January High Court Judge Cranston, a former Solicitor General, granted permission for a judicial review of the council’s decision.

“I’m very pleased and relieved that one of the most senior judges in the country has examined the case and agreed that it should proceed to a full hearing,” said Ms Watt.

“This case is going forward because we presented compelling evidence of the numerous shortcomings in Hackney’s handling of this controversial development proposal.”

Bill Parry-Davies, Watt’s solicitor, said: “All over Hackney public and education land is under threat from developers.

“Judith carefully examined this dreadful scheme and has had the courage to challenge it, whereas Hackney did neither. Hackney seems to have lost sight of public interest and the needs of future generations”.

Access of light

At last week’s court hearing Judge Cranston granted the review on the grounds put forward by Ms Watt.

Ms Watt says Hackney Council has misapplied sun lighting guidelines. The deeds to the land are restricted by a historical covenant that protect’s the school’s right to “uninterrupted and unheeded access of light and air”.

Chan and Eayrs’ website previously stated: “We believe that simple things like the natural light… enriches life in a way that is priceless” but this sentence has now been deleted.

Ms Watt argues the council has overlooked an earlier relevant planning refusal and that it has failed to consider national, London Plan and local policies designed to protect the health, education and wellbeing of children.

The case is due to be heard at a one-day High Court trial in April.

Hackney Council was approached for comment and had not responded at time of publication.