Press release from SOS action group on Judicial Review decision.

HIGH COURT UPHOLDS MICHAEL GOVE’S ‘SURPRISING’ DECISION TO APPROVE ‘UNATTRACTIVE’ DEVELOPMENT FOR THE SOUTH BANK

The High Court today dismissed a legal challenge to Michael Gove’s decision to approve two towers on the South Bank, known as ‘The Slab’, despite the former Secretary of State’s misgivings about its environmental impact and harm to the character of the South Bank, and other areas of national significance.

These misgivings were echoed by the judge in the High Court, Mr Justice Mould, who concluded in his decision, handed down today:

“It may seem surprising that [Mr Gove] should find that a scheme which would not deliver an attractive development of this very prominent and sensitive site on the South Bank should nevertheless be given planning permission. That, however, is a matter for [Mr Gove’s] judgement as the planning decision maker in this case.”

Mr Mould dismissed the High Court challenge from campaign group Save Our South Bank, following a long battle from when planning permission was submitted in 2021. The Save Our South Bank petition was signed by over 6,000 people and the crowd fund appeal for the campaign legal costs raised many thousands of pounds.

In May 2023, Mr Gove received an Inspector’s report recommending approval but did not take a decision for ten months. Mr Gove disagreed with the Inspector about the impact on major heritage assets in the capital, including harm to Grade I listed Somerset House, the Royal National Theatre and finding that the new development “would not provide a positive contribution to the townscape of the South Bank”.

Despite his significant misgivings, Michael Gove approved the controversial office towers in February 2024 following a letter to Rishi Sunak, then Prime Minister, from the chief executive of Mitsubishi, the developer and one of London’s major landowners. The letter reveals Mr Sunak was lobbied by Mr Atsushi Nakajima and held a “productive conversation” in 2023 when Sunak was in Japan for a G7 summit.

Following Mr Gove’s decision to approve the application, a legal challenge was brought by Save Our South Bank, a coalition of local opponents supported by the Twentieth Century Society and others, who argued that the decision was legally flawed and contradicted local and national priorities regarding both home building and reducing carbon.

Michael Ball from Save Our South Bank said:

“This judgement is a huge disappointment for anyone who loves the River Thames and South Bank. It supports Michael Gove’s wayward approval of a building about which he had great misgivings and acknowledged would harm a string of buildings of national prominence.

“The decision reveals planning protections are flawed and have failed:

• The site is designated for mixed development including housing, and could provide over 200 homes, but there is no housing, despite currently including buildings that lend themselves to conversion;
• The demolition and development will generate huge amounts of carbon, which is completely unnecessary; 
• The Queen’s Walk is not designated for tall buildings but will now get one;
• A string of buildings of national prominence will not be protected from harm.

This is a devastating decision for the community, and we are considering our options carefully.”

Catherine Croft, Director, Twentieth Century Society said:

"This hugely disappointing decision gives the go-ahead to a universally derided development, which will cause irreversible damage to the unique modern heritage and dynamism of London's Southbank.

 “This includes the fantastic National Theatre, Royal Festival Hall, Waterloo Bridge, and IBM Building - all of which are nationally listed and much loved post-war landmarks, now set to be overshadowed by the hulking monolith that is ‘the Slab’.

“If we can’t get a decent, well-designed scheme for the most prominent riverside site on the Thames, then what hope is there for good new architecture anywhere else in the country?"

[Ends]

NOTES TO EDITORS

1. Mitsubishi Estate applied for planning permission in July 2021 to demolish the 50-year old London Studios and tower on the South Bank and construct 79,000m2 of commercial offices in two towers of 14 and 25 storeys with a connecting 6-storey podium. The application was called in by the Secretary for State in August 2022, and a public inquiry held from Dec 2022-Jan 2023. The Inspector recommended approval in May 2023.
2. Campaigners have argued that the site could include around 200 homes by refurbishing the existing tower, leaving most of the site available for offices and saving up to 50,000 tonnes in carbon emissions - the equivalent of 2,000 commuters driving into London from Surrey every day for 25 years.
3. The two tall towers would be visible from Westminster to St Paul’s, which Mr Gove admitted would harm the setting of many listed buildings. As part of the legal challenge, campaigners argued that Mr Gove failed to provide adequate reasons why this was acceptable. They also argue that Mr Gove failed to understand the policy requirement to deliver housing, and the need to consider whether the existing tower could be retained for residential uses and reduce carbon emissions.
4. The High Court challenge was brought through environmental law firm Richard Buxton Solicitors, funded by thousands of donations from supporters.
5. Michael Ball, a campaigner who spoke on behalf of campaigners at the inquiry, said “The ‘slab’ development not only threatens the enjoyment of millions walking the South Bank, as well as multiple protected views of national heritage, but also undermines efforts to address our city’s housing crisis while needlessly emitting over thousands of tonnes of CO2.“The South Bank area has permission for the equivalent of 6 Shards of office space - but there isn’t an office crisis, there’s a housing crisis!”
6. Lambeth Council initially approved the scheme in March 2022, despite receiving more than 260 objections and opposition from figures including Lady Hoey, the former MP for Vauxhall, and the area’s current MP, Florence Eshalomi. Mr Gove called in the application in July 2022, following the unwillingness of Sadiq Khan, Mayor of London, to intervene. Groups such as The Twentieth Century Society and statutory consultee Historic England had concluded that the project would harm St Paul’s Cathedral, Somerset House, the National Theatre and other nearby listed buildings, while dominating the riverfront.
7. SOS Save Our South Bank is a grassroots movement comprised of concerned residents and over 6,000 allies who united over three years ago to oppose Mitsubishi Estate’s reckless plans for 72 Upper Ground. Renowned critics have denounced the proposed development, with Simon Jenkins in The Guardian labelling it an "aggressive eyesore," Rowan Moore in The Observer describing it as "a brute of a building," and Richard Morrison in The Times deeming it "a grotesque monstrosity."
8. The grounds of the legal challenge were that (1) Mr Gove failed to set out the multiple heritage harms, misinterpreting planning policy and failing to recognise the requirement to deliver housing as part of the development; (2) the site is allocated for mixed use including housing, and the previous consent included 213 homes, but no homes are now proposed; (3)  as a result the Sec of State misinterpreted planning policy regarding the circular economy and the requirement to consider whether the existing building on site could be retained to deliver residential uses - the development would generate 103,000 tonnes of carbon emissions; (4) the second tall building proposed for the riverside is not identified as a site for a tall building, as required by policy, but was nevertheless considered appropriate by the Inspector in meeting the townscape, heritage and other tests in the development plan. Mr Gove shared this conclusion; yet in his different finding of significant townscape and heritage harm resulting from this tall building, to which he attached great weight, the Sec of State reached an irrational conclusion.
9. The letter between Mitsubishi and the then Prime Minister, attached, was provided by the Department for Levelling Up, Housing and Communities, upon request, following the publication of a list of names who had contacted the Department following the public inquiry.

For SOS action group press enquiries contact: Michael Ball 07547 776 725