Lovells

LOBBY GROUP FAILS IN JUDICIAL REVIEW OF CONSENTS FOR ONE OF EUROPE'S LARGEST AND MOST HIGH-PROFILE REGENERATION SCHEMES

Lovells advised Argent (King's Cross) Limited as an interested party in a judicial review challenge launched by the King's Cross Railway Lands Group ("the Group") following London Borough of Camden's grant of planning permission for the comprehensive redevelopment of King's Cross Central.  The High Court rejected the Group's challenge at the end of a hearing on 24-25 May.
 
The Group launched the action in February, shortly after the grant of planning permission and associated heritage consents for Argent's major regeneration scheme at King's Cross Central.  It claimed that Camden councillors were wrongly advised that they had no choice but to approve the scheme at a committee meeting in November, following a resolution passed in March to approve the development subject to completion of an agreement under section 106 of the Town and Country Planning Act 1990.  Between March and November, there had been a change in political control of the council.  The Group also claimed that the publication of Planning Policy Statement 3 on housing, following the November meeting, should have resulted in further consideration of the proposals by the plannning committee.

However, on 25 May, Mr Justice Sullivan ruled that the advice given to council members did not fetter their discretion or "box them in", and that the council officers had handled matters entirely properly.

The Lovells team advising on the judicial review was led by head of planning Michael Gallimore, with assistance from Claire Fallows, Charles Brasted and Briony Worthing.  A larger team, including partners Michael Gallimore, Andrew Sanders and Gill McGreevy and associates Paula Bird, Claire Fallows and Judith Reynolds, has advised Argent on the planning and development aspects of the project throughout.

The 65-acre mixed use development will include over seven million square feet of total floor space including offices, some 1,700 homes, retail, leisure, cinema, education and hotel/serviced apartments.  Argent, together with its development partners London and Continental Railways Ltd and Exel, expect to deliver a first phase by 2010 and a second major phase by the 2012 Olympics.

The planning application process involved more than six years of public consultation and over two years of work following the submission of the original applications in May 2004.  The application package comprised 11 linked planning and heritage applications.  Lovells played a central role throughout in co-ordinating the various applications and in the subsequent negotiation of the complex section 106 agreement with the Council.

Michael Gallimore said:

"We are delighted to have advised Argent in the recent court proceedings, the outcome of which ensures that the £2 billion King's Cross Central development can continue.  It is a project which is critically important to the regeneration of a key London opportunity area.

"With the ever increasing emphasis on sustainable development, regeneration has become a fundamental element of development initiatives being seen in the property market.  Law firms have seen a rapid growth in this area for their real estate and planning practices.  Lovells' experience on King's Cross Central reflects the breadth of our regeneration expertise across all aspects of the development process."

Lovells instructed Keith Lindblom QC and David Forsdick to act for Argent in the hearing.  Camden Council was advised by Timothy Corner QC and Paul Brown (instructed by Denton Wilde Sapte LLP), while the King's Cross Railway Lands Group was advised by John Hobson QC, Paul Stinchcombe and Alex Goodman (instructed by Leigh Day & Co).

About Lovells' planning practice

Lovells remains at the forefront of regeneration and development work in the UK.  In addition to King's Cross Central, the Lovells' planning practice is currently acting on a number of important projects including Bath Western Riverside for Crest Nicholson and Ashford for Church Commissioners.

The team was boosted with the promotion of a new partner, Claire Dutch, with effect from 1 May 2007.  Claire completed an LLB at the University of Hull and the LPC at the College of Law, York.  She qualified in 1998 and joined Lovells' planning team in London in 1999, prior to which she worked as a solicitor at Hertfordshire County Council.  Claire specialises in town and country planning and has experience of advising public sector clients, including local authorities.  Claire is listed as a Leading Individual in Chambers 2007.

About Lovells

With over 3,000 people operating from 26 offices in Asia, Europe and the United States, Lovells is one of the world's leading international law firms. We advise many of the world's largest corporations, financial institutions and governmental organisations.  We regularly act on complex, multi jurisdictional transactions as well as some of the most high profile commercial disputes.Lovells (the "firm") is an international legal practice comprising Lovells LLP and its affiliated businesses.  Lovells LLP is a limited liability partnership registered in England and Wales with registered number OC323639.  Registered office and principal place of business: Atlantic House, Holborn Viaduct, London EC1A 2FG.

The word "partner" is used to refer to a member of Lovells LLP, or an employee or consultant with equivalent standing and qualifications, and to a partner, member, employee or consultant in any of its affiliated businesses who has equivalent standing.

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