Approval for Mixed-use development in Finsbury Park, Islington

August 2012

The High Court has dismissed a Legal Challenge by the London Borough of Islington against an original planning permission achieved by Iceni Projects at an Informal Hearing in March 2011 for the redevelopment of a prominent site in Finsbury Park for a part 6/part 7 storey development incorporating 5,280 sqm of light industrial floorspace, 267 sqm of retail floorspace, 475 student bedrooms and 15 affordable residential units.

The Legal Challenge was brought by London Borough of Islington Council on the grounds that the Planning Inspector had failed to give sufficient weight to the emerging Islington Core Strategy and policies restricting the location of student accommodation (Policy CS12) and had failed to seek adequate information with regard to the viability of alternative uses on site.

In reaching his decision, Mr Justice Ouseley noted:

‘It is plain that the Inspector has not misinterpreted Policy CS12.I.  It is not difficult to interpret; there are two preferred areas and the rest of the Borough is a restricted area; the site is in the restricted area…It is obvious from the justification she found to outweigh restrictions in CS12 that she found the development not to accord with CS12, but that material considerations indicated a decision which did not accord with CS12.’

The decision represents an important win for the future redevelopment of Finsbury Park and will help secure the long term future of John Jones, a local picture framing business, whom currently occupy the site and will be relocated within the new development.  Additionally the development of the site represents a significant site in aiding the regeneration of the Finsbury Park Area.

In addition, the decision vindicates the original Planning Inspector’s conclusions that student development can represent an important use in securing future regeneration.  Mr Justice Ouseley further notes:

‘The Inspector was entitled to conclude that John Jones Ltd’s retention and protection needed enabling development on site and that that would only be provided by student accommodation and not conventional housing.’

Importantly, the ruling further reflects the leading role played by Iceni Projects in challenging the Council’s decision to refuse planning permission and promoting the merits of student housing development as the cornerstone to successful regeneration projects.

Whilst a long-time coming, the decision represents an extremely positive outcome for two of Iceni’s longstanding clients, Spiritbond and Watkin Jones Ltd.

Commenting on the decision, Daniel Olliffe, Director at Iceni Projects,  said ‘Throughout the planning process we were confident of the role student housing could play in enabling the regeneration of this important site and believed in the form of development that was being proposed.  This decision vindicates all the hard work and effort that was put in to the original planning application and subsequent appeal and will make a significant contribution to future growth within the Borough.’

The court judgement can be found here.

For more information contact Iceni Projects.