Banners hanging from Bowater House balconies during the Spectres of Modernism protest.
'ONE DAY WILL THIS SHADOW FALL' by Cornelia Parker and
'parasites will starve in this carcass of culture' by Patrick Goddard
OPEN (Golden Lane)’s application to the High Court, for a judicial review of the City’s grant of planning permission to Taylor Wimpey to build The Denizen, will not be proceeding any further.
We have received further legal advice, including a second opinion from an independent and highly experienced specialist QC, that the strengths of the legal claim are outweighed by the increased public expense, the real risk of losing the claim and being liable for potentially substantial legal costs.
We have very reluctantly accepted that advice and, to avoid further expense, reached an agreement with the City and Taylor Wimpey to discontinue our claim without any payment of costs.
We have got this far by generous public donations. Even if we were to convince a Court at this stage that our claims are at least arguable, the further public donations which would be needed to proceed to a full trial would be put at risk.
The legal advice which we have received is based solely upon analysis of the processes adopted by the City when granting the planning permission. It has nothing to do with the merit or quality of Taylor Wimpey’s dreadful scheme because, however bad it is, the Court has no power to intervene on that ground. Planning Committees have a very wide discretion when granting planning permission and they are, in summary, “entitled to foul it up provided they do so properly”, as they have done here.
|It's still shocking to think that this building has been given planning permission. |
This will cause substantial harm to park, school, homes and heritage and has no public benefit
We are deeply unhappy to have had to discontinue our claim. Nevertheless our campaign has successes to celebrate.
- The City was forced to agree that, once sales of the new flats commence, the schemes financial viability will be reviewed with Taylor Wimpey’s affordable housing contribution potentially increasing to over £11million;
- The designation of two new Conservation Areas is now progressing;
- The community across the Golden Lane and Barbican estates has been united in a common purpose and has a stronger voice which the City can no longer ignore;
- We have raised awareness and attracted widespread support which has recognised the importance of the issues we have raised and the uniqueness of our locality;
- We have started to expose the conflicts of financial interests which exist within the City, and to learn who we can and cannot trust;
- We have acquired new skills which we will use for greater community benefit;
|The Spectres of Modernism Bowater House banner protest|
We will continue to campaign against those who promote and allow schemes like the Denizen which damage homes and families, which damage the natural and historic environment and which fail to provide the benefits which the public need and are entitled to.
Sincere thanks and best wishes to you all from us all at OPEN (Golden Lane) Ltd and The Save Golden Lane Consortium