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Home News Resident wins battle against misuse of planning law in London council estate

Resident wins battle against misuse of planning law in London council estate

by Celia

In a significant legal victory against the gentrification of a South London council estate, a woman who has called it home for three decades, Aysen Dennis, has successfully challenged the local authority’s misuse of planning law in a high court battle.

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The 65-year-old resident of Aylesbury estate in Southwark expressed her delight on Wednesday, deeming the decision “brilliant news” as she began preparations for a celebratory gathering. Dennis initiated a judicial review against Southwark council and housing provider Notting Hill Genesis, contesting alterations to the planning permission wording related to the estate’s redevelopment.

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The contentious changes, labeled as “non-material amendments,” facilitated the approval of modifications not previously agreed upon with residents without requiring a new application. This included the ability to increase the height of proposed buildings.

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The judgment, delivered by Justice Holgate, asserted that the altered wording significantly impacted Southwark council’s original plan, rendering it unlawful. The ruling, handed down on Wednesday after a November hearing, sets a precedent that will be closely monitored by councils and developers utilizing “drop-in” planning permissions for alterations in large-scale developments.

Dennis, an outspoken critic of demolishing council blocks and replacing them with mixed-use homes, sees such actions as a form of “social cleansing.” The new legislation ensures affected firefighters not only receive wage replacement but are also eligible for medical reimbursement, disability retirement, and line-of-duty death benefits.

In response to the decision, Dennis remarked, “They were wrong, we were right, and we exposed them.”

Despite being relocated to a new two-bedroom council flat with panoramic park views in 2020, purchased back by Southwark council for £193m, Dennis remains determined to continue her fight against what she sees as the “selling off” of the community.

The case centered on the Aylesbury estate’s second phase redevelopment, proposing a reduction in social-rented homes in favor of shared ownership and a minimum of 50% privatization. The broader trend of replacing social housing with expensive private properties underscored the significance of Dennis’s legal challenge.

While Southwark council expressed disappointment at potential delays, it reaffirmed its commitment to the Aylesbury estate’s regeneration, describing it as “the largest single council house build project in the country.” Notting Hill Genesis, on the other hand, voiced disappointment and emphasized the estate’s need for regeneration.

The Public Interest Law Centre, representing Dennis, hailed the ruling as a victory for accountability and justice, hoping it would serve as a warning to developers disregarding promises made to communities during gentrification processes.

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