Marie Kearns writes to Aarhus Convention Compliance Committee

Well done to Marie Kearns for writing to Aarhus Convention Compliance Committee per the below.

Dear Sirs, 

I am writing to you on behalf of a pressure group called “Stop the Toxic Towers” in the London Borough of Redbridge, Greater London United Kingdom. We are working to challenge the decision of Redbridge Borough Council to grant planning permission to develop the Tesco Extra site in Goodmayes. 

The site is on a busy crossroads and already suffers from poor air quality: being in an Air Quality Management Area. The development includes proposals to build a school alongside 1,300 high rise flats and a supermarket. A further two sites are being developed to accommodate another 600 flats along the same road. 

We believe the Council acted unlawfully in granting permission as they took insufficient account of the adverse effect that the resulting, much reduced, air quality would have on the local population: in particular the children and older people. The Council did not take into account the standards of the World Health Organisation in making their decision.  

The Council say they have commissioned a Cumulative Impact Report which they said would be made public. In the event the Council published a report which was not about this locality but concerning other parts of our borough much further afield and not relevant to this site. 

We instructed solicitors, Hodge, Jones and Allen, to review the case. They considered that the case has four grounds of challenge which merited further investigation and advice from a barrister. We went on to instruct a barrister who is now making an application for permission for a Judicial Review. Redbridge Borough Council has responded by requesting a full cost recovery should we, Stop the Toxic Towers pressure group, loose our case in Court. As this case is being financed entirely by fundraising from the local community the possibility of having to pay the Council’s full costs makes further action prohibitive. 

We believe that the London Borough of Redbridge has acted in contravention of the Aarhus Convention in the following ways: 

Access to environmental information: 

• The right of citizens to receive environmental information that is held by public authorities. (This is contravened by the actions of Redbridge Council in producing a Cumulative Impact Report which was not relevant to this site) 

 

 

 

Public participation in environmental decision making: 

• The right of citizens to participate in preparing plans, programmes policies, and LEGISLATION that may affect the environment. ( This is contravened by the Council’s insistence that the residents should  pay the Council’s full court costs should our court case fail) 

 

 

The “Stop the Toxic Towers” pressure group, the residents of Goodmayes, are asking the Compliance Committee to uphold the rights of ordinary citizens, as set out in the Aarhus Convention, to engage in participative democracy in environmental matters.  

We are requesting that you write to the London Borough of Redbridge ( Redbridge Town Hall, 128-142 High Road Ilford IG1 1DD) and ask them to revisit their decisions in this matter taking into account the citizens’ rights contained in the Aarhus Convention: as ratified by the government of the United Kingdom. 

We believe this case has a wider significance. In the event of us successfully challenging Redbridge Council in Court it would force developers in London to design measures to protect local people if World Health Organisation limits on air pollution are not complied with. At present Redbridge Council purports only to comply with national limits which are significantly more relaxed and pose a much higher threat to ordinary citizens. 

 

 

Yours faithfully, 

 

Marie Kearns  

Stop the Toxic Towers pressure group.