Fed-up people living under a cloud of uncertainty have launched a legal bid to scupper the demolition of their homes in Earls Court and take control of the regeneration of the area.

Residents on the West Kensington and Gibbs Green estates have served legal notice on Hammersmith & Fulham Council proposing the transfer of their homes to a community landlord, paving the way for community-led takeovers of threatened estates, according to an article in Property Week.

It is a move which could have wider implications on the massive Earls Court redevelopment.

The council confirmed it had received a Section 34A application from a residents’ group on the estates, which is now being considered in accordance with the relevant legal requirements.

The £12bn redevelopment of Earls Court was given the green-light by the previous Conservative administration, but it is believed a different scheme is now being drawn up with the new Labour administration.

However, tenants say they are being kept out of the loop.

Group chairman Keith Drew said he wants residents to have the legal rights to get on with their own regeneration: “Residents are fed up with the on-going uncertainty. We’ve always opposed demolition and the current council’s manifesto said the same.

“The council has been talking with the developer for almost a year. It’s apparent that the previously agreed regeneration scheme is undergoing major revision but residents have been excluded from the discussions and no new scheme has been agreed.

“We expect the Government to support tenants to exercise our legal rights to be empowered to get on with our own plans for regeneration.”

'Tough negotiations'

As part of their transfer proposals, residents intend to produce their own plans for regeneration of the area. Architects will be engaged to draw up options for making improvements to the existing properties and constructing new homes at various locations around the estates.

There will be widespread consultation with residents who will be invited to make their own suggestions and get involved in preparing a policy for prioritising who should be offered new homes.

Granted planning permission in 2013, Earl’s Court redevelopment includes the demolition of 760 West Kensington and Gibbs Green homes, which are subject to a land sale agreement between the council and EC Properties, a company controlled by Capital & Counties plc (Capco).

In January 2013, at the same time as it entered the agreement, the Conservative administration signed a ‘Collateral Agreement’ with Capco binding it to resist and oppose any challenge to the redevelopment.

But a legal opinion, obtained by residents from Martin Westgate QC of Doughty Street Chambers, stated that this agreement was an unlawful fetter on the council’s discretion and that it should not have regard to it when deciding how to respond to the tenants’ request to transfer their homes to a community landlord.

Following the service of the Right to Transfer Proposal Notice, the Regulations stipulate that the council has 28 days in which to validate the notice. At any time, the council may seek a determination from the Secretary of State not to co-operate with the transfer proposal on the grounds it may have a detrimental impact on the regeneration of the area or the provision of housing services.

Property Week says the Labour-run council has halted the original regeneration scheme, and is now in negotiations with Capco to produce a completely different scheme. As yet no new scheme has been put in place.

Residents say it is these discussion that they have been excluded from and do not know what is planned for their homes.

But Andrew Jones, the council's regeneration boss, said: “We have spent the last year fighting for residents, despite the binding legal agreements and planning permissions issued under the previous administration.

“We will continue to hold tough negotiations with the developer and wisely use our time in office to improve significantly the offer made to all residents on the affected estates in line with our manifesto commitments.”