A judge has found in favour of Haringey Council after a judicial review of the local authority’s decision to set up the controversial Haringey Development Vehicle (HDV).
The judicial review had been brought to try and halt the council’s plan to transfer a large chunk of its commercial portfolio, land and housing stock into a company owned jointly with developer Lendlease.
Gordon Peters, a Haringey resident and campaigner, brought the case on four grounds: that the council could not establish a limited liability partnership since it was acting for a commercial purpose; that it had failed to consult residents; that it had failed to assess equality impacts; and that it should have allowed the full council a vote.
Justice Duncan Ouseley, however, decided that the purpose of the HDV was not commercial and that in any case the ground was submitted too late to challenge the decision, which he decided was materially made in February last year.
He decided the second ground was submitted too late as well, as initial consultation with commercial tenants began in 2015 and further efforts were made in February.
On the public sector equality duty (PSED), the judge noted: “What is actually most striking about the sequence of decision-making is the regularity with which the PSED has been considered.”
Finally, Justice Ouseley decided that the cabinet was perfectly entitled to take the decision without putting it to full council as full council would still be able to make decisions on future borrowing and expenditure within the proposals.
Mr Peters plans to appeal the decision.
The judge’s ruling is less important than it might have been, as Ms Kober has already declared her intention to allow a future council leader – expected to be against the proposals – to make the decision.
It could nevertheless have a significant impact on future councils considering such proposals.
A council spokesperson said: “Following the decision taken by cabinet in July 2017, establishing the HDV remains the council’s agreed approach to providing much-needed homes and jobs on its own land and Lendlease remains the council’s preferred partner.
“While we are very pleased that the court has supported the council’s position, we are still working on the basis that the final decision to establish the HDV will be taken by a future administration.”
Update: at 16.37 on 8.2.18 This story was updated to include the fact that Mr Peters intends to appeal the decision.
Article originally appeared on Inside Housing
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