{"id":2809,"date":"2011-06-11T08:52:18","date_gmt":"2011-06-11T08:52:18","guid":{"rendered":"http:\/\/ihbconline.co.uk\/newsachive\/?p=2809"},"modified":"2011-06-11T08:52:18","modified_gmt":"2011-06-11T08:52:18","slug":"successsave-2-gateshead-demolition-unlawful","status":"publish","type":"post","link":"https:\/\/newsblogs.ihbc.org.uk\/?p=2809","title":{"rendered":"success@SAVE 2: Gateshead demolition &#8216;unlawful&#8217;"},"content":{"rendered":"<p><span style=\"font-family: Verdana;\"><\/p>\n<h2><strong><br \/>\n<\/strong><\/h2>\n<div><span style=\"text-decoration: underline;\">The High Court has ruled that the demolition of 118 homes by Gateshead Metropolitan Borough Council\u00a0as part of a Housing Market Renewal Pathfinder scheme was unlawful.<\/span><\/div>\n<div><span style=\"text-decoration: underline;\"><br \/>\n<\/span><\/div>\n<p>The council had acquired the flats and houses in several streets in Bensham and a former Labour Secretary of State first made a screening direction that Environmental Impact Assessment (EIA) was required then decided that EIA did not apply to demolition and so revoked the direction.<\/p>\n<p>The council decided that prior approval of the details of demolition was not required and so demolition proceeded under Part 31 permitted development rights.<\/p>\n<p>Conservation group SAVE Britain\u2019s Heritage challenged the decisions and obtained interim injunctions to halt the demolition. Those injunctions were ultimately discharged by the courts in November 2010 and demolition resumed.<\/p>\n<p>However, in March this year the Court of Appeal ruled in a landmark case &#8211; brought by SAVE and which involved a scheme in Lancaster &#8211; that demolition could be covered by the EIA regime. By that stage only 38 of the homes had not been demolished.<\/p>\n<p>The current Secretary of State Eric Pickles agreed to the quashing of the decision (taken by the previous Government) to revoke the screening directions.<\/p>\n<p>However, the council declined to\u00a0settle the case in the light of the Lancaster ruling but instead demolished the remaining homes.<\/p>\n<p>Following a contested hearing, Mr Justice Collins declared that the demolition was unlawful and awarded costs against the local authority.<\/p>\n<p>&nbsp;<\/p>\n<p>Search Planning Portal: <a href=\"http:\/\/www.planningportal.gov.uk\/general\/news\/stories\/2011\/jun11\/9jun11\/090611_3\" target=\"_blank\">LINK<\/a><\/p>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The High Court has ruled that the demolition of 118 homes by Gateshead Metropolitan Borough Council\u00a0as part of a Housing Market Renewal Pathfinder scheme was unlawful. The council had acquired the flats and houses in several streets in Bensham and &hellip; <a href=\"https:\/\/newsblogs.ihbc.org.uk\/?p=2809\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-2809","post","type-post","status-publish","format-standard","hentry","category-sector-newsblog"],"_links":{"self":[{"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/posts\/2809","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2809"}],"version-history":[{"count":1,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/posts\/2809\/revisions"}],"predecessor-version":[{"id":2810,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/posts\/2809\/revisions\/2810"}],"wp:attachment":[{"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2809"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2809"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2809"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}