We’ll use this page to pass on updated information regarding our campaign to you, our supporters.
Local resident takes Barnet Council to Information Rights Tribunal for withholding financial information
Sunday, 13th March 2022
A Judge at the Information Rights Tribunal is to hear an Appeal by Hendon resident Tony Mason. The appeal concerns Barnet Council’s withholding of crucial financial information from the public regarding the controversial Hendon Hub scheme.
Mr Mason made a formal request for the Hendon Hub Business Case information that was withheld at the 8th Dec 2020 and 20th Jul 2021 Policy & Resources Committee meetings. Barnet Council refused to release the requested information, and the Information Commissioner upheld the Council’s decision.
But when Barnet Council submitted the Hendon Hub Planning Applications last year, Mr Mason claims he realised that it is unlawful to withhold this financial information from the public because Barnet is both the Developer and also the Statutory Planning Authority for the proposed Hendon Hub. Mr Mason explains that “the statutory intent of the legislation (Paragraph 9 of Schedule 12A of LGA 1972) is to ensure that the public has access to the same information that Barnet Officers provide to Barnet Councillors”.
Mr Mason has now Appealed the Information Commissioner’s Decision Notice to a specialist Tribunal that deals with Information Rights Appeals. The Appeal will be heard on 13 April 2022 at 14.00.
“The Barnet Monitoring Officer refuses to acknowledge that Barnet’s actions are unlawful, and therefore it does not surprise me that Barnet continues to withhold the requested information,” says Mr Mason. “However, what does surprise me is that Barnet has not provided any counterargument why they are entitled to withhold the information. The law is unambiguous; when a Local Authority is both the Developer and the Statutory Planning Authority then the information provided to Councillors cannot be withheld from the Public”.
On 27th Feb, Mr Mason sent an email to all Barnet Councillors explaining that Section 15, Sub-section 6.4 (item 8) of the Council Constitution clearly states that it is unlawful to withhold the requested information and therefore Councillors should take action in advance of the Tribunal Hearing. To date, Mr Mason has received no formal response from either Council Leader Mr Dan Thomas, or the Barnet Monitoring Officer
Even though Mr Mason is not a qualified lawyer, he has prepared a more detailed document that explains the relevant legislation and why Barnet’s actions to withhold the information are allegedly unlawful.
Click here to read the explanatory document as a PDF.
How to watch the Tribunal hearing live
The date of the Tribunal Hearing is 13 April at 14.00. The Appeal Reference is EA/2021/0339.
This is a public hearing and anyone can attend the hearing by logging into the “Cloud Video Platform” (CVP)
To access Tribunal hearing at 14.00 on 13th April
- Go to: https://join.meet.video.justice.gov.uk/HMCTSfirstname.lastname@example.org
- Enter your name
- Click “Connect” with the bottom options setting of no mic and no camera.
- When asked for PIN enter 0339 (if you try to login too early then the PIN will not be accepted)
The Judicial Review is going ahead!
Monday, 21st February 2022
The battle to save Hendon from Barnet's development plans reached a key milestone last week when permission was granted by the courts for a Judicial Review into the lawfulness of the SPD. The legal action to request a Judicial Review was initiated by Hendon resident Richard Lecoat back in the summer of 2021; the courts have now agreed that the JR should take place.
This is a major step forward in the ongoing legal challenge to the SPD’s legitimacy, and as such we have prepared a press release to get the word out. The text of the press release is given below, along with a downloadable PDF version.
So, without further ado, here is the news…
Judge grants permission for Judicial Review
High Court to hear Hendon resident’s case against Barnet Council
On Thursday 17 February 2022 a High Court Judge, Mr Justice Kerr, granted permission for a judicial review in the matter of Richard Lecoat v London Borough of Barnet and Middlesex University [CO/3519/2021]. The judicial review will examine the lawfulness of the Burroughs and Middlesex University Supplementary Planning Document (SPD), which supports the wholesale redevelopment of Hendon.
The claim put forward by Hendon resident and graphic designer Richard Lecoat is that the SPD, by virtue of its scope and content is, in truth, a Development Plan — a different type of planning document requiring a far greater level of public consultation, oversight and scrutiny than a Supplementary Planning Document receives — and that the so-called SPD should be treated as such or be deemed unlawful. Barnet have sidestepped the usual legal requirements, including the duty to hold a public inquiry so that members of the public can fully engage in the policies which support the development.
The judge declared the matter to be ‘significant’, meaning that it will now be expedited through the courts and will be heard by a senior planning judge in the High Court. Among the reasons given for granting permission, Mr Justice Kerr recorded that the substance of Lecoat’s claim, that the SPD is actually a Development Plan, ‘is arguable’ (that is, it has potential legal merit and is worthy of being considered by the court).
This Judicial Review takes place against a backdrop of community opposition to the ‘Hendon Hub’, part of London Borough of Barnet’s emerging Local Plan which, in the view of local residents, seeks to redevelop the Borough's historic centre in Hendon as an extension of the Middlesex University campus. The Hendon Hub plan has been resoundingly unpopular with residents, in particular the move to hand over Hendon's 100-year-old purpose-built Grade II listed library building to Middlesex University for use as a business school. Over 1000 responses were received from residents during the Hendon Hub planning application process, and 100% of those responses were objections. Despite this clear message from the community, the Tory-led Council has continued to push ahead with their development plans. Representatives of Middlesex University have, in the view of residents, similarly failed to meaningfully address the community's concerns.
Lecoat is being represented by Leigh Day solicitors, supported by a crowdfunding campaign. For more information, go to https://www.savehendon.org
Letter to the Governors of Middlesex University
Monday, 10th January 2022
The Hendon Residents Planning Forum has today submitted an open letter to the Governors of Middlesex University setting forth the deep concerns of residents with regard to the University’s conduct vis-à-vis the Hendon Hub development project.
Resident points out key flaws in business case
Friday, 7th January 2022
Local resident Alexander Fischbaum, who is both a chartered accountant and a chartered surveyor, has also written to London Borough of Barnet councillors. His letter highlights numerous flaws in the Hendon Hub's business case — a business case that LBB has been at pains not to disclose to residents, despite repeated requests.
Professor Blitz’ letter to Councillors
Friday, 7th January 2022
Professor Brad Blitz — industrious backbone of the Save Hendon campaign — has submitted a letter to London Borough of Barnet councillors in which he clearly sets forth the main points of local residents’ numerous objections to the Hendon Hub.
A New Year update
Monday, 3rd January 2022
Dear neighbours, families and friends. Happy new year to all of you!
12 months ago, when the first Hendon Hub consultation hit us and this group was created, we could not have possibly foreseen our battle would take us to the law courts, the United Nations, the Secretary of State’s office etc. But here we are because Barnet Council have repeatedly refused to listen to us and just keep bulldozing ahead with their Middlesex University expansion plans at the expense of our community.
On January 10th at 7pm, the Strategic Planning Committee will meet to discuss Planning Applications. https://barnet.moderngov.co.uk/ieListDocuments.aspx?CId=703&MId=10831&Ver=4
The agenda doesn’t yet specify which councillors will be attending. Various members of our group will be making objection speeches in person.
It has become increasingly clear as time has gone on that despite hundreds of brilliant objections from local residents and businesses (and hardly any statements of suport) and to the great dismay of Hendon Conservative voters, the Tories seem hellbent on ignoring the views of the community and on making this development happen… and they make up the majority of councillors on the committee.
For us, this means that we will finally be able to activate several challenges, many of which are not available to us until after planning applications have been approved.
Unfortunately, there’s been no time to organise a demo at the meeting but everyone who wishes to can attend. Having said that, we’re waiting to hear if there will be any online arrangements because the Covid rates are so sky high.
Challenging Barnet Council over such an intricate development process has not been straightforward. It will continue to be a long and complex process. However:
As a direct result of us bringing Judicial Review proceedings against the SPD (thanks to so many generous donations), Barnet Council have just made the extraordinary statement that “the SPD has been given no weight in the consideration” of these Planning Applications.
What does this mean? It means that to try and cheekily bypass our legal challenge, Barnet Council have decided to disregard their own blueprint for the Hendon Hub that was created for one purpose: to give weight to Planning Applications for the Hendon Hub!
Aside from this meaning that the SPD consultation was effectively a huge waste of taxpayers’ money and time, it significantly weakens any Hendon Hub Planning Application approvals, making them far easier for us to now challenge, which we will be doing in a number of ways. Over the next few weeks, we will also be bringing myriad challenges and claims against the council through various official bodies.
The legal team that we engaged and that you all generously helped us to pay for continue to offer advice and opportunities of challenge to both the development plans themselves and Barnet’s attempts to evade proper legal scrutiny.
In the meantime, thank you all so much for your support this year, particularly as it’s been so incredibly hard for so many of us due to Covid.
Here’s to a 2022 of light and hope and good health. And in which these grotesque plans for our home and community are scaled down so we can move forward with a plan that equally benefits residents and Middlesex University.
#StopTheHendonLandGrab #HandsOffOurLibrary #SaveOurCommunity
Legal challenge has been formally issued
Friday, 15th October 2021
Yesterday our hardworking legal team officially filed our request for Judicial Review with the High Court of Justice, challenging the lawfulness of the Supplementary Planning Document (SPD) that underpins the Hendon Hub plans. We now wait and see whether our request for a judicial review is granted by the courts. We have high hopes that it will be.
We could not have done this without you. Your support and overwhelming generosity made this possible, and the Save Hendon team feel genuinely humbled by the community solidarity we have witnessed since this began. Thank you one and all.
It bears repeating at this point that the case we are making is not about whether the Hendon Hub plan has merit or not, nor is it about whether Barnet Council has, or has not, treated the views of its residents with contempt. Our case focuses upon a single, narrow and strongly arguable point of law, which is that the SPD should, by virtue of its scope and the policies it contains, be treated as a DPD (Development Plan Document).
Why does this matter? Well, a DPD, by law, requires a far higher level of scrutiny — up to and including being put before a Secretary of State — than does a mere SPD. By treating this document as a SPD Barnet Council has, in our view, whether intentionally or not, prevented the Hendon Hub plans from receiving the proper and appropriately-rigorous level of oversight and scrutiny from Central Government. As such (we argue), the so-called SPD is unlawful and should be quashed — which would mean that it could no longer be used to lend support to the various planning applications currently in progress.
Speaking of which, if you haven't yet voiced your objections to those planning applications, then now is the time to do so. Head over to our Planning Application Guide for a helping hand that takes much of the pain out of an otherwise-daunting process. The clock is now ticking, so don't delay!
Thank you again, and remember: this fight isn't over yet.