A LEGAL bid by a neighbour to block the conversion of private church land into a mini housing estate has failed.

Peter Gibson, whose home in Kingsfield Avenue, Harrow, backs on to St George’s Playing Field at St George’s Church in Pinner View, Harrow, had applied for a judicial review of Harrow Council’s granting of outline planning permission in February 2012.

The parochial church council, which gates and locks the grassed area, won planning permission for 12 houses and 15 flats, and the transfer of 0.69 hectares to Harrow Council for use as open space, at the fourth attempt after it unsuccessfully appealed the second and third refusals to the Planning Inspectorate.

High Court judge Mr Justice Sales refused the request for a judicial review and said in his written judgment handed down on November 7: “The development has been identified to be in the public interest, in that it will expand public access to an open space and increase the supply of affordable homes.

“The crucial point, however, is that the development would achieve the opening of the retained part of open space to the public in a practical and effective way for the first time.

“The careful reasoning in both the first inspector’s decision and the second inspector’s decision gives a full and adequate explanation in relation to the lack of compelling need to retain the land as open space in its entirety for the purposes of provision for sport pitches.”

Mr Justice Sales rejected all of Mr Gibson’s arguments, among them a questioning of the lawfulness of the Environmental Impact Assessment screening opinion, and the suggestion the planning committee’s decision was flawed because it had failed to properly take into account two policies on the protection and enhancement of open space, one from the London Plan 2011 applicable to the whole city, and the other from the borough-specific Harrow Council own unitary development plan.

Reverend Stephen Keeble, vicar of St George’s Church, said: “The application for a judicial review was the latest in a long sequence of

confused and fanciful claims from a small group of people orchestrating opposition to the church’s proposals.

“They have succeeded only in manipulating the system to no good effect and wasting much council and church time and money in the process.

“The scheme has been recognised by the council and the court to be in the public interest. We look forward to its speedy implementation.”

Harrow Council’s cabinet member for planning, Councillor Stephen Greek (Conservative), said: “This has been a long and bruising experience for all concerned, but hopefully this ruling can now bring some clarity to the situation.”

TIMELINE

1923:

land bought by St George’s Parochial Church Council

1999:

St George’s Church (Headstone) Lawn Tennis Club leaves

2004:

last time cricket was played by St George's Church Cricket Club

2006:

original plans for 50 dwellings refused by Harrow Council in April 2007

2007:

plans for 27 dwellings and retention of 0.69 hectares as open space refused by Harrow Council in November 2007

2008:

second application appeal rejected by planning inspector in October 2008

2010:

modified plans for 27 dwellings and retention of 0.69 hectares as open space refused by Harrow Council in October 2010

2011:

third application appeal rejected by planning inspector in June 2011

fourth plans for 27 dwellings and retention of 0.69 hectares as open space approved in February 2012

locals’ application to register land as town green rejected in June 2011

2013:

application for judicial review of planning approval rejected by High Court