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Developer launches legal challenge against Brokenshire over planning decision

A developer has launched a High Court challenge against James Brokenshire after he refused permission for a scheme in Croydon against his own planning inspector’s recommendation.

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An artist's impression of the proposed development (picture: Thornsett Group)
An artist's impression of the proposed development (picture: Thornsett Group)
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Developer launches legal challenge against Brokenshire over overturned planning decision #ukhousing

The housing secretary decided in December to refuse planning permission for Thornsett Group’s application to redevelop two sites together with Purley Baptist Church, building 220 new homes.

Mr Brokenshire had called in the decision after lobbying by Conservative local MP Chris Philp.

Following a public inquiry, planning inspector David Nicholson recommended in May 2018 that the application “should be approved without delay”.


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Labour-led Croydon Council had resolved in 2016 to grant Thornsett planning permission to build up to six storeys – though the permission has now lapsed. It was also backed by the Greater London Authority.

Thornsett said the main site has lain derelict for more than thirty years.

Its proposals would see existing buildings on the sites demolished and replaced with towers – one of up to 17 storeys and one up to eight storeys.

As well as the new homes – 18% of which would be affordable and managed by Optivo – it wants to build a new church and community facilities including a sports hall and an auditorium.

Mr Brokenshire’s decision to refuse permission was based on “poor design” on one for the sites and “the height and proportions” of the taller tower.

His letter noted that “a tougher negotiation by the council’s consultants might arguably have resulted in a marginally greater proportion” of affordable housing, but that the level proposed was “neutral” to his decision.

Gerard Cunningham, executive chair of Thornsett, said: “The discrepancy between the recommendation of the planning inspector and the secretary of state’s decision is a cause of deep concern, particularly given that Purley may now be deprived of 220 new homes, significant community facilities and the catalyst for much needed regeneration.”

A spokesperson for the Ministry of Housing, Communities and Local Government said: “As this is an on-going legal matter, it would not be appropriate to comment.”

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