High Court rejects ‘Chiswick Curve’ development

The High Court in London has rejected plans to build a 32-storey, 327-home tower in Chiswick, south-west London. Development company Starbones Limited wants to build the development on land it owns by the Chiswick roundabout. The site already has planning permission to build a 13-storey office block called the Citadel. However, Starbones now wants to used the site for the so-called Chiswick Curve, a mixed-use development that has one tower of 32 storeys and another of 25. As well as 327 homes, the developers also want to include office, shopping and restaurant space, and space for advertising. The development was rejected by the London Borough of Hounslow in 2017. It was also opposed by world heritage site Kew Gardens, which argued the the development would damage its setting. Starbones appealed Hounslow’s rejection, and, following a planning inquiry, a planning inspector recommended it be approved. In fact, according to the High Court judgment, “the inspector was enthusiastic about the design of the building, with its ‘highly sophisticated glazing module, articulated by fins of different colour’ which would give the building ‘a dynamism that would make the approach by road along the M4 a very exciting experience.'” Although the plans make the building much taller than the council considered appropriate, the inspector said the height wasn’t inappropriate. In fact, he called it “a quite brilliant response to the difficult problems presented by the immediate context of the site.” While he accepted it would cause “a degree of harm” to the setting of listed buildings of the riverfront, the Kew Green Conservation Area, the Gunnersbury Park Conservation Area, Kew Palace, and Kew Gardens, he said the harm was “less than substantial.” However, in July, Secretary of State for Housing, Communities and Local Government James Brokenshire agreed with the council, rather than the housing inspector, and rejected the development. Starbones appealed, and at a hearing last month its lawyers argued that Brokenshire’s decision was unlawful because it didn’t properly consider the relative impact on heritage assets and the weight that should be given to affordable housing. However, in a ruling yesterday, High Court judge Mrs Justice Lang, rejected that argument. She found that Brokenshire did consider, but did not agree, with the planning inspector’s view on the impact on heritage assets. In addition, his approach to affordable housing “does not disclose any error of law.” “The claim is dismissed,” she said.   Starbones Limited v (1) Secretary of State for Housing, Communities and Local Government (2) London Borough of Hounslow (3) Trustees of the Royal Botanic Gardens, Kew Planning Court (Lang J) 10 March 2020 Richard Turney (instructed by Town Legal LLP) for the Claimant Gwion Lewis (instructed by the Government Legal Department) for the First Defendant Richard Ground QC and Edward Grant (instructed by HB Public Law) for the Second Defendant James Maurici QC (instructed by Burges Salmon LLP) for the Third Defendant