Southwark bid for Aylesbury judicial review rejected

Southwark Council had requested permission to apply for a judicial review of Sajid Javid’s decision to reject its bid for a Compulsory Purchase Order (CPO) on the Aylesbury Estate, but this request was denied on Monday.

Mr Javid, secretary of state for communities and local government, said in his decision letter that the CPO would breach leaseholders’ human rights, as the plans would “probably force many of those concerned to move from this area”.

Justice Sir Ian Dove agreed with Mr Javid that the difference between Southwark’s valuation of leaseholders’ properties and the cost of new homes in the borough could “force them to leave the area”.

Southwark had argued that the secretary of state’s decision did not take into account a change in council policy. Previously, a leaseholder could only keep £16,000 in savings and had to invest any extra into a new property. Under a revised policy, leaseholders could keep all their savings.

The judge, though, called this “a subsidiary issue” in the economic argument.

Justice Dove also agreed with Javid, and with the inspector who originally assessed the council’s plan, that the new homes did not conform to council guidance on the provision of natural light.

Jerry Flynn, from the 35% Campaign, a network that had raised more than £5,500 to fight any potential judicial review, said: “This is a great win for the leaseholders… but the fight goes on. Around 200 leaseholders remain on the estate – their situation is far from resolved, so they still need our support.”

Southwark Council has been contacted for comment.