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Planning permission for 1,500-home development quashed after Jenrick accused of ‘biased’ approval
Approval of a 1,524-home development in east London, granted by housing secretary Robert Jenrick, has been overturned by the High Court on the grounds of apparent bias.
Plans for the £1bn scheme on the former site of Westferry Printworks on the Isle of Dogs was given the green light by Mr Jenrick in January 2020, despite the planning inspector recommending permission be refused because of conflicts with local planning policies and a lack of affordable housing.
Mr Jenrick’s intervention came one day before Tower Hamlets Council was due to announce its local plan and approve a new Community Infrastructure Levy (CIL) charging schedule, meaning the developer avoided having to pay between £30m and £50m more to the council via new CIL charges.
Tower Hamlets subsequently launched legal action in March 2020, arguing that the timing of the decision reflected a bias towards the developer.
Asked to explain the timing of the decision, the secretary of state has now accepted that a “fair-minded and informed observer” may conclude that there was a “real possibility” that he was biased in favour of the developer in granting the permission.
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A consent order approved by the planning court said: “The first defendant [secretary of state] accepts that the decision letter was unlawful by reason of apparent bias and should be quashed.”
As a result, the Planning Court has now quashed the decision to grant planning permission for the project,
which was expected to have 21% affordable housing.
Mr Jenrick’s acceptance of the decision to quash the planning permission comes after Tower Hamlets asked the court to order the housing secretary to disclose documents that it argued would show how he was influenced by a desire to help the developer avoid the new CIL charges.
The development was put forward by Richard Desmond, the former owner of the Daily Express and Daily Star newspapers, and is planned for the site of his Northern & Shell Westferry Printworks.
John Biggs, mayor of Tower Hamlets, said: “We may never know what emails and memos the secretary of state received before making his decision and what influence they had, but his reluctance to disclose them speaks volumes.
“We will continue to press for a scheme that meets the needs of the community on the Isle of Dogs in terms of height and density, the provision of adequate affordable housing and infrastructure delivery.”
Jules Pipe, London’s deputy mayor for planning, regeneration and skills, said he was pleased by the decision.
He added: “The planning inspector agreed with the mayor that more affordable housing could be delivered and that the plans would harm views of Tower Bridge.
“We remain concerned about the scale of the scheme and its proposed development of locally designated open space.”
A Ministry of Housing, Communities and Local Government spokesperson said: “While we reject the suggestion that there was any actual bias in the decision, we have agreed that the application will be redetermined.”
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