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The High Court has dismissed the claim for judicial review brought by the owners of the Bleeding Heart restaurant in Hatton Garden, London in respect of the planning permission granted by the London Borough of Camden authorising the following mixed use redevelopment of 20-23 Greville Street, Hatton Garden: “Change of use of existing office (Class B1a) use at basement, ground floor and 1st floor to retail / restaurant (A1 / A3) use; demolition of existing 5th floor plant room and erection of new 2 storey roof extension for office use; erection of 5 storey rear extension; infill of rear lightwell to create cycle storage space and changing facilities at basement level; external alterations including new façade and glazing, and associated works”. The claim was brought on 5 grounds, concerning the legality of the s.106 Obligations secured by the Council, the proper application of the Council’s retail protection polices including the sequential test (the site being immediately adjacent to the Hatton Garden primary retail frontage) and the adequacy of the Council’s assessment of the proposed access to the site. Robert Walton acted for the developer, Seaforth Land Holdings Ltd, instructed by Anita Rivera, Partner at Mischon de Reya LLP
