King’s Cross Think Again campaign: Press release of 28 May 2007
King’s Cross development: campaigners’ legal challenge fails
The King’s Cross Think Again campaign, led by King’s Cross Railway Lands Group, failed in its bid to quash Camden’s outline planning consent for the £2bn development at King’s Cross.
John Hobson QC, representing King’s Cross Railway Lands Group, argued that councillors on Camden’s Development Control Committee had been wrongly advised at their November meeting about whether they could reconsider the provisional consent given by councillors the previous March. The effect of that advice, given in the officers’ report to the Committee and at the meeting, had been to ‘fetter their discretion’ about whether they could think again about the provisional consent.
In court last Friday, Mr Justice Sullivan rejected this ground on the facts and stated himself satisfied that, considered as a whole, the advice given to members ‘did not fetter their discretion or box them in’.
A second ground, that Camden’s planning officers should have referred the November decision back to councillors because government policy on affordable housing had changed, was also rejected.
Michael Edwards, co-chair of the King’s Cross Railway Lands Group, said after the judgement:
‘We’re very disappointed we’ve failed to quash this scheme. We’ve campaigned for twenty years for real regeneration in King’s Cross and Argent’s development falls far short of what the area needs. We are particularly sad that councillors won’t be able to consider increasing the amount of affordable housing on the site. And the needless destruction of heritage buildings will be a permanent loss to this unique part of London.’
Last month the campaigners agreed to let Argent carry out internal salvage works in Stanley Buildings North, next to St Pancras station, provided they accepted a court injunction not to carry out full demolition before the judicial review was decided. The injunction ended on Friday when the judicial review failed, and Argent is likely to start demolishing this Grade II listed tenement within a week or two.
Supporting John Hobson, the campaigners’ legal team included barristers Paul Stinchcombe and Alex Goodman. They and solicitors Leigh Day and Co took the case on a ‘no win no fee’ basis. In March Mr Justice Collins agreed a Protective Costs Order limiting the costs if the case was lost to £10,000, which King’s Cross Railway Lands Group must now pay. Mr Justice Sullivan also refused the campaigners leave to appeal against his ruling, but granted them 14 days to appeal against that refusal.
‘The legal decision won’t stop our campaign,’ added Michael Edwards. ‘Much of the scheme is still only an outline and we shall be looking very carefully at detailed planning applications as they come forward. We shall carry on doing whatever we can, with this development and any others in King’s Cross, to try and make it a better place for the people who live and work here.’
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Note to editors
• Michael Edwards, co-chair of King’s Cross Railway Lands Group, is principal spokesperson for the King’s Cross—Think Again campaign: email  office@kxrlg.org.uk.
• Leigh Day & Co are KXRLG’s solicitors, where Sharon Steward is press contact on (020) 7650 1319.
• For further information from Diana Shelley, press officer for the campaign
• The King’s Cross—Think Again campaign is a consortium of local groups and individuals, led by the King’s Cross Railway Lands Group which has campaigned for regeneration in the area for nearly twenty years. Other groups include King’s Cross Conservation Area Advisory Committee, Regents Network, Cally Rail Group and members of Camden Green Party. More information online at www.kxrlg.org.uk.