The High Court has quashed the grant of planning permission and listed building consent for the redevelopment of the former London Chest Hospital in Bethnal Green: R(Juden) v London Borough of Tower Hamlets  EWHC 1368 (Admin). The Hospital site contains a veteran mulberry tree and most of the building is grade II listed.
Sir Duncan Ouseley quashed the decision on the basis that the committee were wrongly advised about the National Planning Policy Framework’s paragraph 175(c) on veteran trees in respect of the potential loss of the mulberry tree. Members were incorrectly told that a compensation strategy could be part of wholly exceptional circumstances justifying loss of the tree.
The Court also considered and dismissed grounds on heritage and background papers.
Richard Harwood QC appeared with Andrew Parkinson of Landmark Chambers for Mr Juden, instructed by Susan Ring of Harrison Grant.
To read the Judgment please click HERE