Finchley Memorial Green Space Judicial Review: 5 and 6 October at the Royal Courts of Justice

The Royal Courts of Justice

Finchley residents head to the Royal Courts of Justice to fight the developers and save their green space

  • Judicial review on 5 and 6 October – show the judge the community cares and join us at 9am on the steps of the Royal Courts of Justice, The Strand, WC2A 2LL.
  • Barnet Council have stopped defending their decision to grant planning permission, but have left it too late to notify the court.
  • The case is still going ahead with developers Community Health Partnership (CHP) taking over the case. CHP is arguing that the planning decision was lawful. The community now faces the developers in court.
  • Thousands of pounds raised, however we urgently need more donations to make up the £7k shortfall.

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The campaign to save a popular community green from being turned into blocks of flats up to six storeys high is about to be heard in the Royal Courts of Justice.

In March 2022, Mrs Justice Lang DBE granted a Judicial Review of the heavily opposed decision by Barnet Council to let a developer build 130 flats on public green space next to Finchley Memorial Hospital. The case will go to court on 5 and 6 October.

Local resident Jennie Arthur is representing the local community in the case against Barnet Council, arguing that the planning permission was not lawful.

Many local residents will join Jennie at the court hearing. We invite anyone who can attend to do so and show their support.

Court address and Judicial Review details

The Royal Courts of Justice, Strand, London WC2A 2LL

The King on the Application of Jennie Sharokin Arthur vs London Borough of Barnet vs Community Health Partnership Limited.

Claim number: CO/324/2022

With almost 700 objections to the original planning application, the fight to overturn the planning decision has garnered overwhelming support from Finchley residents and users of the popular green space.

Jennie claims, along with many local residents, that the Council did not take proper account of local and national planning policies.

If the judge agrees with Ms. Arthur, the planning permission will be cancelled and the community green will be saved.

The developers proposed this completely unacceptable development at the height of the pandemic, capitalising on public sentiment by billing the scheme as ‘affordable homes for NHS staff’.

Developers assured councillors that the scheme would:

  • include social rent
  • be for NHS workers on salaries up to £51,688 (Bands 2 to 8)

The planning officer also stated these homes would be for NHS workers ‘in perpetuity’.

However the agreement, signed by the council and developers, now states the scheme will:

  • be for staff on salaries up to £97,484 (8D Inner London) – almost twice as high
  • not include social rent
  • allow flats to be sold on the open market to anyone

Barnet have chosen to stop defending its intolerable decision to build six storey high blocks but have done this without “consenting to judgment”.

Labour councillors have acknowledged that they must honour their own election promises including Labour’s key pledge to save green spaces. Consenting to judgment would mean that Barnet admit their original decision was unlawful – something that would have helped the community’s case.

However the Barnet constitution means the same body (the strategic planning authority) who made the planning decision must now agree to consent to judgment.

The problem? The constitution states they need to provide the public with 2 weeks’ notice of such a meeting – taking us past the court date.

This is DESPITE the Council knowing the situation since July!

By sitting on this information for months with no action, Barnet are heaping financial pressure on the community at a time where the cost of living crisis and rising interest rates are already beginning to bite.

Also, the fact that Barnet has not withdrawn from the process has been used against us in the developer’s legal argument.

And although Labour Councillors assured the Finchley Memorial Action Group that a strategic planning committee meeting would go ahead as a matter of urgency, and that Barnet would apply to the court for an adjournment to allow this to happen, as of Tuesday 27th Sept no application has been made and no date for a strategic planning committee has been set.

Christina Welch, a leader of the Finchley Memorial Action Group, summed up the community’s feelings saying:

We’re appalled, very disappointed and feel let down by both Council officers and our elected representatives. How could they leave it so late?

If the community wins this case, Barnet will have to pay 80% of our costs. Is this a good use of taxpayers’ money?

As it stands the developers are in a win-win situation. If they win they develop the land. If they lose Barnet pay all their costs. Yet Barnet have put the case in the hands of the developer.

These flats are NOT affordable for the vast majority of nurses. The rental income will provide the NHS with some finance but the loss of green spaces contributes to far worse health outcomes that place a big cost on the NHS.

As we approach the Judicial Review date, the gap in funds needs to become narrower. In the absence of action from Barnet we need the financial help of the community.

We urgently need donations to help us protect our green spaces for families today and the future.

Supporters can donate to the Finchley Memorial open space GoFundMe crowdfunding campaign.

We also need to show the Judge the community cares so we urge supporters to attend the hearing with us.

We need as many people to join us on the steps of the Royal Courts of Justice, The Strand, WC2A 2LL at 9am on the 5 and 6 October 2022.

Press release: Judge gives go ahead for Judicial Review

Green light for Judicial Review of development at Finchley Memorial Hospital

  • Major milestone for local residents fighting to save green space from development of 130 flats.
  • Judge has granted permission for the case to go to court on all grounds.
  • Fantastic support as crowdfunding campaign raises over £13k of £40k needed for legal fees.

Finchley resident Jennie Arthur is spearheading the Finchley Memorial Action group campaign to save a popular local green from being turned into blocks of flats up to six storeys high.

On 28th January 2022, Jennie applied for a Judicial Review of the decision by Barnet Council to let a developer build 130 flats on the public green space next to Finchley Memorial Hospital. 

Locals can now take comfort that a judge has given the go ahead for the case to go to court. 

Barnet Council arrogantly claimed that the grounds for development were ‘unarguable’ and ‘without substance’.

However Mrs Justice Lang DBE granted permission for the Judicial Review. She  stated that Jennie “raised arguable grounds which merit consideration at a full hearing.”

Jennie’s claim argues that Barnet Council:

  • failed to consider the National Planning Policy Framework’s policy on open space
  • failed to consider whether the application is in accordance with the Local Plan, London Plan and National Planning Policy Framework in respect of affordable housing
  • made a factual error regarding salary bands for NHS staff – doctors earning £100k would be eligible for the ‘affordable’ housing
  • failed to specify when the development should start on the planning permission

Barnet Council was given 35 days to reply. Jennie then has 21 days to reply. The court will look to list this matter for a 1.5 day substantive hearing.

Should Jennie lose, her costs are limited to £5,000 as this is an Aarhus Convention claim.

Hundreds of households have pledged support for the campaign, angered by Barnet Council circumventing the protection of parks and open spaces. 

Many local residents backed the previous Finchley Memorial Hospital redevelopment. They were told that the public, accessible green would be created to compensate for building the new hospital on designated playing fields. 

They’re shocked that Barnet has now granted permission for a large development of flats, on green space that was promised to the local community. The crowdfunding campaign has now raised over £13k of the £40k target to cover legal costs. Local residents are generously supporting Jennie to hold their public bodies to account.  

Barnet Council has questions to answer. 

A particularly murky aspect is how landowner CHP proposed this development at the height of the pandemic, capitalising on public sentiment by billing the scheme as ‘affordable homes for NHS staff’. 

CHP assured councillors that the scheme would:

  • include social rent
  • be for NHS workers on salaries up to  £51,688 (bands 2-8)

The planning officer also stated these homes would be for NHS workers in ‘perpetuity’.

However the Section 106 agreement, signed by the council and CHP, now states the scheme will:

  • be for staff on salaries up to £97,484 (8D Inner London HCAS) – almost twice as high
  • not include social rent
  • allow flats to be sold on the open market to anyone

Shockingly, CHP has provided absolutely no information about the development, even when residents made a request for correspondence under the Freedom of Information Act. What does CHP have to hide? 

Jennies is represented by Harrison Grant Solicitors. 

Supporters can donate to the Finchley Memorial open space crowdfunding campaign 

Find out more at www.finchleymemorialaction.org