Campaigners fail High Court legal bid to block bulldozing of landmark Elephant & Castle retail mall

Campaigners have failed in a High Court legal bid to block the bulldozing of South London’s biggest landmark retail mall, the crumbling 55-year-old Elephant & Castle Shopping Centre.

But they have hailed improvements to the billion-pound project as a victory.

The Appeal Court has upheld the High Court decision allowing developers Delancey to proceed with the demolition and redevelopment of the Elephant and Castle Shopping Centre.

It is set to become almost 1,000 flats and a new campus for the London College of Communications.

The legal challenge was mounted as part of a four-year campaign to get more social housing and a better deal for traders – by housing groups, students, tenants’ groups, local councillors and trade unionists.

The decision will allow new shops and homes to be built with 116 social rented units, out of 979 new homes.

The Up the Elephant Campaign says its protests and legal action secured many improvements to the
original application, made in Oct 2016, such as:

 Increase of social rented housing from 33 flats, owned and managed by developer, to 116 flats owned and managed by
the council or housing association
 Affiordable shop space
 A traders’ panel
 Temporary traders’ premises on Castle Square
 The trader relocation and assistance fund of £634,700 and £200,000
 Shop rents to affordable and kept at 75 per cent of market value from the six to the 15th year
 Binding agreements so that if profits increase, there will be more social housing

Jerry Flynn of Up the Elephant said: “We are naturally disappointed that the court has not found in our favour, but we can be pleased with the victories we have had in our fight with Delancey and Southwark.

“There was zero proper social rented housing to begin with and it is only by the efforts of local people that we have the 116 homes now promised.

“But this social rented housing still has to be delivered and Delancey’s track record shows that it is practised in passing these costs back to the public purse.

“We will continue to campaign to make sure that we get the promised 116 social rented units and that Southwark does not have to pay for them.’

“There has also been gains for the traders – many now have somewhere to move to, with Castle Square and other spaces, although not enough space for everyone who needs it and traders are still in negotiation with Southwark for a new market space.

“We will continue the fight to get them a better deal, alongside the Latin American community, who have made the Elephant their home.

‘We also got together a great legal team and are very grateful for the part that they have played in this battle, which has shone a light on the advantages our planning system affords big developers like Delancey, even when they fail to meet their affordable housing obligations. We will continue the fight to change this.”

Tanya Murat, of Southwark Defend Council Housing, who support the campaign, said: “We lost the legal fight, which was always the most likely outcome as planning law protects developer profits.

“But Southwark council could have stopped the Elephant and Castle scheme by refusing to take up CPO powers.

“Instead they sided with developer Delancey, a firm who partner with the Qatari government, who have taken
£millions in taxpayer funded loans and are implicated in the ongoing cladding scandal. We won’t forget that.

“This has been an inspiring campaign, which proves that if you fight for more, you can get it.

“There was no affordable retail space, or trader’s panel or trader’s relocation fund before we began our campaign.

“We won all these concessions from Delancey, although sadly many traders will still be left out in the cold.

“It is a tragedy that we have lost the opportunity to rehouse more people who rely on council housing for a decent home.

“Southwark has a policy that should have got us at least another 55 social rented homes and even that would have meant less than 200 out of nearly a thousand new homes.

“Southwark must stop caving in to developers like Delancey if we are ever going to solve the housing crisis.”

Paul Heron, of the Public Interest Law Centre, solicitors for the claimant Jerry Flynn, said: “Southwark Council should now be on notice that local people expect the maximum amount of affordable and social rented housing from major developments and will challenge any that do not provide it.

“While we have lost this case, we have demonstrated we have the capacity to hold Southwark and big developers to account and we will not hesitate to mount more challenges where we think it is justified.”

Sally Causer of Southwark Law Centre, who supports the campaign, said: “We applaud all the people who have fought so hard to save the Elephant and Castle community.

“Although the result is disappointing, we can’t imagine how much worse the situation for traders and the community would have been without the campaign.

“The work goes on. The campaign has secured an increased commitment of social rented units of over 300 per cent.

“Southwark Law Centre will continue to support traders to make sure they get the best deal, and with campaigners to ensure that the commitment to social rented housing is honoured.

“We hope Southwark council will also apply proper scrutiny to the development.”

Southwark council has been contacted for a comment.