Architecture conservation group Save Britain’s heritage told a High Court judge today that plans to build a 19-storey tower called “the Cube” opposite London’s Paddington Station should be rejected.
They are seeking a court order quashing permission granted last year by Westminster Council. They say that secretary of state for communities and local government Sajid Javid erred when he refused to intervene in the planning process.
The controversial development, replacing an Edwardian post office on Praed Street, W2, is opposed by conservation groups SAVE, Historic England and the Victorian Society. The proposed development is in the Bayswater Conservation area. Buildings nearby are typically six storeys, SAVE says, making the Cube almost three times taller than its neighbours.
Imperial College Healthcare NHS Trust and the London Ambulance Service are also opposing the project because they say it will increase journey times for emergency ambulances to St Mary’s Hospital, which is one of London’s four major trauma centers. They are bringing their own legal challenge separately.
In December, the council gave the project preliminary planning permission. SAVE and the Victorian Society wrote to Javid asking him to “call in” or take over the decision making himself.
In February, Javid’s office made a directing stopping the council from making any further decisions while he considered the request. Then in March his office said it had decided not to intervene, and decision making was handed back to the council. No reasons were given for the secretary of state’s decision.
At today’s hearing SAVE’s barrister Richard Harwood QC said that this was a mistake. Javid “was under a duty to give reason for his decision not to ‘call in’”, he said.
This failure to give reasons makes the decision contrary to public law, he said.
In the interim between that decision and today’s hearing, Westminster Council granted full planning permission to the project.
“This challenge has potentially wide-reaching implications,” SAVE said in a press release.
“It goes to the heart of transparent and accountable government decision making. SAVE considers ministerial decisions must stand up to robust scrutiny – the duty of government to give reasons for decisions is relevant to anyone involved with the planning system.”
