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