Authors:Emma Montlake
Created:2024-03-13
Last updated:2024-03-25
People power: success against the odds
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Marc Bloomfield
Description: Environmental Law Foundation
Chatting to someone recently who moves in government circles, he stated to me that he didn’t believe in ‘people power’. I spluttered and strongly rebutted this sentiment. I told him about working for the Environmental Law Foundation (ELF) and the strength of the grassroots communities with which I work, which, in the face of almost insurmountable resource inequality, often achieve their desired environmental outcome. The following story is one of the best.
In 2018, ELF was approached by the Isleworth Society. They were objectors to a planning appeal by Northumberland Estates (aka the Duke of Northumberland). The appeal was against the refusal to build 100 or more private dwellings on the historic and biodiverse Park Road Allotments in Isleworth. With the support of ELF and two barristers at 1COR, the society took rule 6 status.1Town and Country Planning (Inquiries Procedure) (England) Rules 2000 SI No 1624 r6 and Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000 SI No 1625 r6. See further Guide to rule 6 for interested parties involved in an inquiry – planning appeals and called-in applications, Planning Inspectorate, 6 March 2014; last updated 17 August 2023. This is a statutory status bestowed upon a third-party objector so that they can play a full role in the inquiry hearing, including instructing experts and questioning witnesses. After a gruelling public inquiry, the appeal was dismissed and the community jubilant.
Jump forward five years and in the summer of 2023 the community were once again being made to defend their beloved allotments. The Isleworth Society, which represents many local people, again took rule 6 status in the latest planning appeal by the Duke of Northumberland. This was the latest refusal by the local authority of his proposals to build private dwellings on the allotments. The change from the last proposals was that replacement allotments would be incorporated onto the site itself rather than shifting to the grade 1-listed gardens of Syon House, the duke’s palace next door. The duke argued that the development was justified, as he needed money for the upkeep of Syon House. It wasn’t lost on many that the duke is one of the richest landowners in the country and yet was determined to develop a small area of beloved community land.
Working again with 1COR, the wonderful Rajkiran Barhey and Lucy McCann took on the advocacy pro bono for the group. Their testimony and compelling arguments during the four-day hearing highlighted the proposed development’s potential harm to local biodiversity, the open space status of the allotments, and the considerable heritage loss it would cause, showcasing the community’s strong connection and commitment to the allotments.
In her closing statements, Lucy addressed the duke directly:
The strength of local opposition in this appeal voiced at every turn – through petitions, marching, opposition letters, and statements – has made it abundantly clear that consequences of the proposed development are intolerable to the community.
We were delighted, then, to learn in December 2023 that the planning inspector had dismissed the appeal.2Geneva Abdul, ‘Duke of Northumberland loses fight to build on green space in west London’, Guardian, 12 December 2023. It is worth noting the positive findings on heritage assets and the conservation area, which were in large part down to the Isleworth Society’s lone stance on this.
The success of the Isleworth Society in opposing the Park Road Allotments development was not just a local win; it’s an inspiring example of effective grassroots mobilisation. This decision underscores the impact that community action can have in safeguarding environmental justice and heritage against formidable odds, the best lawyers, planners and a KC advocate. The Isleworth community’s determination serves as a reminder of the strength to be found in communities.
 
1     Town and Country Planning (Inquiries Procedure) (England) Rules 2000 SI No 1624 r6 and Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000 SI No 1625 r6. See further Guide to rule 6 for interested parties involved in an inquiry – planning appeals and called-in applications, Planning Inspectorate, 6 March 2014; last updated 17 August 2023. »
2     Geneva Abdul, ‘Duke of Northumberland loses fight to build on green space in west London’, Guardian, 12 December 2023. »