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| ACADEMY ‘ILLEGAL’ |
Plans for school build ‘run
foul of planning laws’
Construction of a controversial new City Academy could face lengthy
delays amid dramatic new allegations that the plans were “illegal”.
In a landmark case, a law firm acting for two residents living near
the site in Liverpool Road, Holloway, has lodged papers with the
High Court. This has put wheels in motion for a judicial review.
Residents Mrs Rani Bibi, from Liverpool Road, and Terry Powers from
Crossley Street, launched the action, arguing the academy –
on the site of St Mary Magdalene primary school – was in direct
contravention of Islington Council’s planning laws.
Richard Stein, a partner at Finsbury solicitors Leigh Day, said:
“Islington Council acted illegally by not taking into account
the surrounding conservation area or listed buildings when they
made their decisions.”
The site will be transformed into an all-ages academy sponsored
by the Diocese of London, which the council hopes will be open for
business in 2007.
Both Crossley Street and Liverpool Road are in an Islington conservation
area, although the St Mary Magdalene site itself is not.
Grandmother-of-six Mrs Bibi, 65, brought the claim because the academy
would be only feet from her home.
Her son, Harun Rashid, 35, an accountant, said: “We brought
the application because if this project goes ahead it’s going
to change our lives. The school is right next door to our house.
We won’t have any sunlight and the main entrance will be 10
feet from our front door. It’s going to cause a lot of problems.
“Such a cramped school is not a healthy place for them to study.
The plans are hideous.”
Father-of-five Mr Powers, 53, said: “I brought the case because
it seems the academy has been pushed through regardless of opposition
from people around here. Where’s the democracy?
“An academy would have a huge impact on the environment and
increase noise, traffic and have a detrimental effect on our quality
of life.”
Leigh Day solicitors, who have won a reputation for taking on tough
class action cases, such as claims of rape by British troops in
Kenya, lodged the claim with the High Court on Wednesday and seek
a full judicial review into the planning process.
The Diocese of London agreed to hold off demolition work until the
middle of November but yesterday continued gutting the Milton Skills
Centre, one of the buildings on the academy’s footprint.
Contractors assured the Tribune that stripping out asbestos from
under the floorboards was not hazardous to the next-door Rosedale
Early Years Centre.
All parties will meet next week to set a date for the review at
a public High Court hearing sometime before Christmas.
Councillor James Kempton, Islington’s executive member for
children’s services, said: “We have consulted widely under
the planning process, held public meetings and given careful consideration
to people’s views. Islington children and their parents want
and need this extra secondary school open as quickly as possible.
The sooner we start building it, the better.” |
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