ESTATE residents lost their latest High Court battle arguing against the lawfulness of knocking down their homes – but a judge insisted they were right to protest.

Threatened tenant, pensioner Harold Greatwood, launched another bid for a judicial review into Hammersmith and Fulham Council’s decision to sell land on the West Kensington and Gibbs Green estates to developers Capco.

Despite being unsuccessful, judge Clive Lewis QC praised the ‘careful, considered and moderate way’ in which Mr Greatwood put his case forward and refused the council’s application for costs, saying the residents’ fight was understandable.

Mr Lewis told the hearing: “It is not surprising that he has brought the matter before this court. He is supported by a number of other tenants who are also concerned, as you would expect, about the impact on their homes and the places where they live.

“Mr Greatwood, has, if I may say, put forward his arguments carefully and moderately. He is a secure tenant on these estates; he has lived there for 20 years. This is his home.

“He was perfectly entitled, in my judgment, to challenge the lawfulness of the decision.”

Mr Clarke added it would be ‘inappropriate’ to award costs to the council because of Mr Greatwood’s ‘exemplary conduct’ in bringing the case.

The pensioner said he was ‘heartened’ by the judge’s words and vowed: "I’m not going anywhere, and I know that the majority of my neighbours shall also be staying put. We’re back in court this summer. “It’s far from over: we fight to the bitter end."

Residents return on July 17 for a hearing to consider their challenge to the council’s planning policy that underpins the Earls Court scheme, which will bring 8,000 new homes to the area.