Legal Challenge To The Empire House Scheme Has Ended

Local groups concede defeat following High Court and Council decisions

A view from Turnham Green - Lend Lease

Local groups have conceded defeat of the legal challenge against a controversial housing development for Chiswick High Road.

Two decisions made this week have brought to an end the formal challenge to the Lend Lease Empire House and Essex Place development, which was taken by a local resident, Simon Kverndal, supported by Friends of Turnham Green, Chiswick High Road Action Group, West Chiswick and Gunnersbury Society and Acton Green Residents’ Association.

On Wednesday, just one day before the Hounslow Council Planning Committee was due to hear a revised application from Lend Lease, the application for permission to appeal an earlier High Court ruling against judicial review, was refused in a one-line written judgment.

This week (19 May) Hounslow Council planning committee heard and granted the second application for planning permission, which the opposition groups had claimed was almost identical to the first.

The local groups say these decisions have had the effect of "stifling opposition to the development" and means the end of the formal appeal.

They are disappointed that despite "vigorous and sustained community opposition", Hounslow Council has accepted Lend Lease’s proposals with no suggestions for improvement.

The groups had raised nearly £30,000 for the High Court challenge by judicial review.

In a statement today, Mr. Kverndal and his supporters said; "It is depressing to note that Lend Lease’s proposals for Empire House and Essex place still contravene the prescriptions and principles of the Local Plan and the London Plan, the published Character and Context strategy for Chiswick, the conservation area status of the adjacent High Road and Turnham Green, the council’s own tall buildings policy, the site allocation policy regarding employment vs residential premises and the much-vaunted but so often negligible promises of affordable housing.

"Yet, and despite vigorous and sustained community opposition, LBH has accepted Lend Lease’s proposals with no suggestions for improvement.

"Sadly it has now to be recognised that the very special character of Turnham Green and the western end of Chiswick High Road will be blighted by the new development, with the existing Empire House building retained, balcony-clad, raised in height and flanked and framed by the 8 storey apartment blocks in Essex Place."

Mr. Kverndal added that they hoped that the "terrific community support" for the opposition to the development had been demonstrated to the council and developers and shown that there was a very strong groundswell of local public feeling and opinion which was opposed to high rise, over dense and insensitive development.

"Whilst this particular challenge cannot realistically continue, it is my sincere hope that lessons can be learnt. It is to be hoped that developers and our local council will in future ensure that development complies with local, regional and national policies and that there is meaningful consultation with local groups about local projects right from the start. This is so important where development flies in the face of local policies and puts the future of Chiswick at risk.

"This has not been my case. It has been a case for all the Chiswick community. I would like thank all those who gave their support in the fight against this development and, though the development has ultimately been accepted, helped us to achieve so much."

We have asked Lend Lease for comment.

May 21, 2016